교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a driver of a fixed freight vehicle C.
On August 22, 2016, the Defendant proceeded at a speed of about 50 to 60 km in the city, depending on the side of the bank, with the two-lanes in front of the new cancer 2, which is located in the 499-ro, Jinsan-ro, Masan-ro, 49, from the south of the bank, at the south of the bank.
At all times, there was a intersection where the non-protective left turn can be left, so the defendant engaged in driving of the motor vehicle had the duty of care to reduce the speed before entering the intersection and to drive the motor vehicle safely by keeping the right and the right well well.
Nevertheless, the defendant neglected this and went to the left from the opposite lane of the defendant's proceeding direction due to the negligence in the course of his duties, and received the right side of the victim D ( South, 89 years old) driving from the opposite side of the defendant's vehicle, and made the victim go to the upper right side of the defendant's vehicle.
Ultimately, the Defendant caused the victim's death by negligence in the above job-related duties to the end of the heart function caused by the treatment while being treated in the Eastern Central Mother Hospital located in Dongbcheon-si, 19:26 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting of a traffic accident (report on actual condition investigation 1,2);
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment.
1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of circumstances, such as the fact that the victim's negligence was serious in the course of subscription to a comprehensive insurance policy and the occurrence of accidents);