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 becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of the Category B Track.
On November 12, 2017, the Defendant was driving a 00:10 square meters and stopped on two lanes from among three lanes in front of the “D” restaurant in Gwangjin-gu Seoul Special Metropolitan City.
At the time, there was a victim E (74) who is a signaler at the front of the water supply work at night and at the night, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear.
Nevertheless, the defendant did not discover the victim due to negligence while neglecting this, and received the victim as a part of the front part of the Tracker, and caused the victim to cover the lower part of the Track.
Ultimately, around November 21, 2017, the Defendant caused the victim to die by occupational negligence, from the National Medical Center of Jung-gu, Seoul to the multiple maximum period of time.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A traffic accident report;
1. Application of Acts and subordinate statutes concerning postmortem records;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) [Special Mitigation Persons] The following conditions and conditions of all the sentencing recorded in the records, such as the defendant's age, sexual conduct, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, etc., shall be considered and determined as ordered.
The disadvantageous circumstances: the occurrence of the irrecoverable damage caused by the traffic accident.