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 becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a Track vehicle B.
On September 9, 2017, the Defendant driven the above car around 04:35, and the two lanes of the three-lanes in Seongbuk-gu Seoul, Seongbuk-do, Seoul, were driven at the speed of 58 kilometers a speed of 58 kilometers a speed from the erode of the eroke basin to the erode.g.
At the time, since it was at night, there was a duty of care to prevent accidents by accurately manipulating the brakes and steering the steering gear and operating the steering gear with the view to the driver of the vehicle.
Nevertheless, the defendant neglected to do so and proceeded on the left side of the way to the right side of the road, and the victim D, who was crossing the roadway, was driven by the defendant.
Ultimately, around September 9, 2017, around 05:11, the Defendant caused the victim’s death by occupational negligence due to long-term damage to the unaffortual lature in detail during the transfer to the 23th and Gyeonghee University Hospital, Dongdaemun-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. The application of Acts and subordinate statutes on the inspection report, on-site photographs, photographs of a harming vehicle, death certificate, and postmortem protocol;
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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence takes into account the following favorable circumstances: (a) the occurrence of a serious consequence of the death of the victim of the instant accident; (b) the driving of alcohol at the time of the instant accident; and (c) the Defendant recognized the instant criminal facts; (d) the victim’s unauthorized crossing appears to have an effect on the occurrence of the instant accident; and (e) the victim’s bereaved family members are not wanting to be punished against the Defendant.