교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the driver's duty of Poter B.
On February 15, 2015, the Defendant, around 21:40 on the 21st day of Seocheon-si, Seocheon-gu, Seoul, had 90 sibro dong-dong in the direction of non-high speed in the direction of the outer cycle of Seoul.
At the time, there was a person crossing the crosswalk in front of the defendant's moving direction, so in such a case, there was a duty of care to take care of preventing accidents by accurately manipulating the front, rear and left, and the right and the right and the right of the driver of the vehicle.
Nevertheless, the Defendant neglected to do so and neglected to continue the front-time, and caused the Defendant’s negligence to shock the victim C (the age of 84) who crossed the crosswalk to the right side from the left side of the direction of the Defendant’s proceeding to the front part of the above vehicle of the Defendant.
Ultimately, the Defendant caused the victim’s death due to an occupational negligence, which caused the victim’s death due to a scarcity damage.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. The application of Acts and subordinate statutes governing the de facto investigation report, traffic accident occurrence report, each photograph, body autopsy report, and postmortem examination report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of recommendation [Determination of types] Sentencing for traffic crimes, general traffic accidents, and death of traffic accidents (type 2] (Special Sentencings): Reduction elements: Non-compliance with punishment (Scope of Recommendation Punishment) (limited to imprisonment without prison labor for up to April 10)
2. Determination of sentence: The fact that the defendant for 8 months of imprisonment without prison labor and 1 year of suspended execution confessions the crime and his bereaved family members do not want the punishment against the defendant, and that the defendant has no record of criminal punishment.