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
The defendant is a person who is engaged in driving of CM3 motor vehicles.
On November 23, 2017, the Defendant driven the above car at around 06:48, and driven the road of three-lanes in front of the E oil station located in Manyang-gu, Manyang-gu, Manyang-si, with two-lanes of speed 20-30km at the speed of Si, depending on the Cheongpo-gu, Manpo-gu.
At night, as a person engaged in driving duty of a motor vehicle was at night, he/she had a duty of care to prevent an accident by accurately manipulating the steering gear and brake system.
Nevertheless, the defendant neglected this and caused the injured person to use on the road by shocking the right side part of the victim F (67 3) who was flabing a road by pushing away from the left side of the direction of the defendant's running, by neglecting it, into the front part of the driver's seat of the defendant's driver's vehicle.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence from the Gannam University sexual Hospital, which was located at 170 Doo-ro 170, Sinyang-si, 09:40 on the same day, due to serious brain damage.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a death certificate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended punishment on the sentencing guidelines: April to one year (the scope of the recommended punishment) from the credit cooperative (the scope of the recommended punishment) in the mitigated area (the person who has been specially mitigated for April to one year) (including the person who has been specially mitigated) in the mitigated area (the person who has made efforts to recover damage);
2. Determination of sentence - Determination of favorable circumstances: The fact that there is an error against the wrong, the fact that there has been an agreement with the bereaved family members of the victim - the fact that there has been an unfavorable consequence, such as the death of the victim.