교통사고처리특례법위반(치사)
The imprisonment without prison labor for the accused shall be determined by eight months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person engaged in driving a B-to-pur vehicle.
On 19:17 December 10, 2018, the Defendant was driving ahead of the south-gu Seoul metropolitan road in the direction of the D Elementary School in the direction of the Etype Department, along the two lanes in the direction of the Etype Department from the direction of the D Elementary School.
At night, the above place was located at night, and the driving speed of a motor vehicle is restricted to 50 kilometers per hour, so there was a duty of care to prevent traffic accidents by complying with the restricted speed as a driver of a motor vehicle at such place, operating the steering gear and the steering gear properly, operating the steering gear and the steering gear properly.
Nevertheless, the Defendant neglected this and driven 84.6 kilometers a speed exceeding 20 kilometers a speed of 84.6 kilometers per hour from the above restriction speed, and did not properly operate the steering gear and brakes properly, due to occupational negligence, which did not properly operate the steering gear and brakes, and even if the Defendant did not properly operate the steering gear and brakes, the physical part of the victim F (n, 65 years old) who walk the crosswalk to the right side from the left side of the direction of the Defendant, was shocked with the front part of the said car.
Ultimately, at around 19:41 on the same day, the Defendant caused the victim to die due to brain injury on the front side of the H located in South-gu G at the port, Nam-gu, Nam-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. The actual condition survey report, the autopsy report, and the traffic accident analysis and appraisal report;
1. Application of each statute on photographs;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) shall be limited to traffic accidents in general. < Amended by Presidential Decree No. 17219, Dec. 2, 201>