교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six 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 driving with BNS30A.
On April 30, 2020, the Defendant driven a o-wheeled vehicle on April 30, 2020, while driving the o-wheeled vehicle and driving the vehicle along one lane from the direction of the scenic region to the valley of the three-lane road in front of the Pungdong-gu, Manyang-si.
In this case, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and duty of care to safely drive the motor vehicle and prevent the accident in advance.
Nevertheless, the defendant neglected this and went beyond the floor of the victim D (Nam, 64 years old) who was walking on the left-hand side from the right-hand side of the vehicle in the direction of the defendant's movement by negligence.
Accordingly, the Defendant caused the death of the said victim due to the above occupational negligence at F Hospital located in Sinsan-dong, Sinsan-gu, Sinsan-gu, Sinsan-gu, by 04:55 on the same day.
Summary of Evidence
1. Application of the Acts and subordinate statutes to the police report on the defendant's legal statement G, death examination report on the actual condition, field photographs, and internal investigation report;
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, Article 268 of the Criminal Act, and selection of
1. The reason for sentencing of Article 62(1) of the Criminal Act in the suspension of execution led to a result that the victim of the accident could not be able to be able to die because the defendant neglected to do so.
This is an unfavorable circumstance to the defendant.
Defendant is recognized to commit crimes.
The defendant's shocked the victim without permission, and there are circumstances to consider the situation of the accident, and the accident is not caused by gross negligence falling under the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.
The defendant shall pay 20 million won to the bereaved family members of the victim, and the bereaved family members of the victim shall have agreed to punish the victim.