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 two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a low-priced car.
On June 8, 2016, the Defendant driven the above car at around 04:5 on June 8, 2016, and proceeded at a speed of about 60K km at a speed of about 50K km from the front side of the change distance in the Seo-gu of Daejeon, along with three-lanes from the front side of the yellow-distance flood.
At night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as taking the front side and right side well, and accurately operating the steering and brakes.
Nevertheless, the Defendant neglected this and tried to find out the victim C (76) who unclaimedly crossed the crosswalk at the right side from the left side of the course due to his negligence and try to avoid it, but the Defendant did not avoid it, but received the victim with the front part of the passenger car of the Defendant.
Defendant 1 caused two blood transfusions to the victim due to such occupational negligence, thereby resulting in death at the Sin University Hospital, Seo-gu, Daejeon on June 9, 2016, Seo-gu, Seo-gu, Seo-gu, Daejeon, to cause brain pressure, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A death certificate;
1. Application of the Act and subordinate statutes on Reporting of Investigation Results (Evidence Record 60 pages-)
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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) that does not seem to seriously violate the traffic laws and regulations, the victim's unauthorized crossing appears to be the major causes of the instant accident, the victim's bereaved families do not want criminal punishment, the vehicle is being covered by the comprehensive automobile insurance,