교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On February 7, 2017, the Defendant, who is engaged in driving of CFT car, was driving at a speed of about 50km from the direction of the CFT to the direction of the CFT car at a speed of about 50km, depending on two lanes towards the direction of the CFT car in the front direction of D, Changwon-si, Changwon-si, Seoul.
At the time of night, there was a duty of care to safely drive a motor vehicle while checking the safety of the course by reducing speed and checking well the front side of the motor vehicle.
Nevertheless, the defendant neglected to cross the victim F (the age of 84) who was unauthorized to the right side from the left side of the progress direction due to negligence, which led the defendant to go beyond the road by shocking the victim F (the age of 84) to the upper right line of the defendant.
As a result, the Defendant caused the death of the victim by occupational negligence, namely, a chronic damage to the chest body.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition and a death certificate;
1. Application of CCTV-related Acts and subordinate statutes to the scene of an accident, a vehicle photograph (after an accident);
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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (Article 62(1) of the Act on the Suspension of Execution [Article 62(1) of the Criminal Act] [Article 62(2) of the Act on the Suspension of Execution] (Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1) of the Act on the Suspension of Execution
In addition, as seen earlier, the sentence identical to the order shall be imposed in consideration of various sentencing conditions shown in the records and arguments, such as the scope of the recommended punishment according to the sentencing guidelines, the age, sex, environment, and circumstances after the crime.