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 becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a CM5 vehicle.
On May 19, 2018, the Defendant driven the above car at around 12:40, and proceeded ahead of the road in Gwangju Northern-gu D with the high-priced gate, which is located in Gwangju Northern-gu, at the lower bank of the lower bank, along the four-lanes of the two-lanes.
At the time, the opposite vehicle was travelling along the opposite vehicle in line with the passage signals, so in such a case, there was a duty of care to prevent accidents in advance by thoroughly operating the opposite vehicle at the front time and operating the brake accurately, so as not to obstruct the normal passage of the opposite vehicle to the driver.
Nevertheless, the Defendant neglected to do so and was driven by the Victim F (35 Do) who was driving in the opposite opposite Madern line due to the negligence of the Defendant, and received the front part of G Otoba, which was driven by the Victim F (35 Do).
Ultimately, the Defendant caused the victim’s death by occupational negligence on May 21, 2018, at a pre-university hospital located in the Dong-gu, Gwangju, Dong-ro 42, where the Defendant had the victim receive transmission treatment at around 08:46, May 21, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A death certificate;
1. Application of Acts and subordinate statutes governing accident scene photographs;
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 Criminal Act of the suspended sentence [the scope of recommended punishment] The mitigated area (4 to 1 year) of the mitigated area (including special mitigated persons), [the sentence] of the mitigated area (including efforts to recover damage) [the sentence] of the instant traffic accident, but the victim caused the victim's death due to the instant traffic accident. However, there was no record of criminal punishment other than the fine, and the defendant led to the confession of the instant crime and reflects the victim.