교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of a fwing cargo vehicle B.
On September 27, 2015, the Defendant driven the above cargo vehicle around 07:35, and led the victim D(73 years of age) in order to proceed to the Cheong-ri from the Cheong-ri side of Japan to the Cheong-ri.
At the time, there was a dog, and there was a person crossing the road on both sides of the road, so there was a duty of care to confirm whether a person engaged in driving of a motor vehicle is a person crossing the road, and to accurately manipulate the steering gear and the brake system and prevent accidents in advance.
Nevertheless, the defendant found the victim to cross the road to the port from the right side of the defendant's course due to negligence while neglecting this, and operated the road to the port, but the defendant did not avoid it, and did not go beyond the road by sufficient head of the victim's right side by the front side of the above cargo vehicle operated by the defendant.
Ultimately, at around 14:19 on the same day, the Defendant caused the victim's death by the occupational negligence as above, from the Ganpo Central Hospital of Hanpo-si, the Mapo-si.
Summary of Evidence
1. Defendant's legal statement;
1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;
1. Application of Acts and subordinate statutes of death certificate (D);
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Determination of types of crime: Death of traffic accidents in general traffic crimes;
2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);
3. Although there was a serious result of the decision of sentence or the death of the victim as to whether to suspend the execution, the defendant.