교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On September 30, 2019, at around 05:40, the Defendant driven a B B B Poter, and was in operation by straighting the same Myeon grain public health clinic, which is located in D in front of Hongcheon-gun, Hongcheon-gun, the Defendant was in operation in accordance with one-lane road in the front of the D.
At the time, the opening was cut and the front door was not secured, and the location was limited to 30 km/h by the speed of one-lane, so a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance, such as maintaining the safety distance between the front and the safety distance, maintaining the speed of the motor vehicle, and protecting the speed of the vehicle.
Nevertheless, the Defendant was negligent in performing the above duty of care, such as driving the said vehicle at a speed of about 73.8 to 80.3km at a speed of about 73 km at the time, and received the part of the backline of the horse driven by the victim F (the age of 66) who was driving ahead of the same lane from the same lane.
As a result, the Defendant caused the death of the victim by traffic accidents at H Hospital located in Hongcheon-gun G on the same day at around 06:49 of the same day, which led to the death of the victim through occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A death certificate;
1. Application of the statutes on traffic accident analysis;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 2] - Death in traffic accidents [Special Convicts] - The factors of mitigation: Reduction [including serious efforts to recover damage] [the area of recommendation and recommendation range] mitigation area, imprisonment without prison labor for not less than 4 months to 1 years [the general person] mitigation area, mitigation factors: the comprehensive motor vehicle insurance policy - aggravation factors: other factors.