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 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 a C-L car.
On October 12, 2016, the Defendant driven the above car at around 21:19, and proceeded at a speed of about 74 km from the lower side of the ridge to the breadth of the road of three lanes in front of the Seoul Western-gu, Seoul.
At the time, crosswalks are installed around the night and its location, and both sides of the road are located, and the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the front left and right by observing the speed limit.
Nevertheless, due to the negligence of neglecting this, the defendant found the victim E (or 78 years old) who was unclaimed on the right side from the left side of the direction of the defendant's proceeding without permission, and did not avoid it, and had the victim go beyond the floor by taking the front part of the defendant's driving vehicle.
As a result, the Defendant caused the death of the victim due to brain ties at the government-specific hospital of the character university, which is located in 271, 271, in the 15th of October 15, 2016, by negligence on the part of the Defendant, at around 20:56, the government-specific hospital of the character university.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. The application of Acts and subordinate statutes on the inspection protocol, such as a survey report, field photograph, etc.;
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 suspended sentence under the Criminal Act resulted in a serious consequence of the death of the victim of the instant accident. However, it appears that the Defendant recognized the facts of the instant crime and reflected the mistake, agreed with the bereaved family members of the victim, the victim’s unauthorized crossing could have affected the occurrence of the instant accident, the Defendant did not have any history of criminal punishment, and the Defendant did not have any history of criminal punishment.