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 of a motor vehicle with sod motor vehicle of D.
On January 25, 2017, the Defendant driven the above car at around 23:50, and proceeded at about 88 km each hour on the road in front of the Fju station in Pyeongtaek-si E, using three lanes in front of the Fju station in Pyeongtaek-si.
At the time, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle with the right and the right and the right of the front and the right and the right of the motor vehicle.
Nevertheless, the defendant did not discover the victim G (30) who was a pedestrian red-light crosswalk from the right side of the running direction of the defendant due to the negligence of driving the vehicle as it is, but did not discover the victim G (30) with the left side, and received the front left side of the vehicle.
Ultimately, the Defendant caused the death of the victim due to brain damage by occupational negligence as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A written statement of I;
1. The application of Acts and subordinate statutes to the inspection report on actual condition, report on the occurrence of a traffic accident, site photographs of an accident, death certificate, and autopsy 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 sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.
- The occurrence of the instant traffic accident results in the death of the victim, provided that the negligence of the victim seems to have contributed to a considerable portion of the occurrence of the accident, and the defendant has agreed with the bereaved family members of the victim. - The defendant has no record of criminal punishment other than a single fine. - The defendant is against his fault.