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 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 Bbea cruise car.
On September 12, 2020, the Defendant driven the above vehicle on September 7, 2020, and turned to the left at the right speed from the west to the third office on the side of the Seogpo Road C at the time of the week.
At all times, there was an intersection without a signal signal, and the road that intends to turn to the left is a road from which the median line is not installed. In such a case, there was a duty of care to safely turn to the left by expanding the turning radius to make it possible for a person engaged in driving of a motor vehicle to immediately enter the intersection in the direction that it is necessary to check whether there is a vehicle intending to enter the intersection by reducing speed and keeping it well by checking the front side.
Nevertheless, the defendant neglected this and went to the tri-distance of the dead-dong distance on the side of the office of the victim E ( South, 86 years old) who passed to the tri-lane due to the negligence of narrowest and left-hand turn while neglecting it, and the front part of the non-registered motor bicycle driven by the victim E ( South, 86 years old) was shocked by the front part of the left-hand part of the above be-be cruise cruise car.
Ultimately, around September 11, 2020, the Defendant caused the victim to die of brain due to brain injury, etc. from G hospital located in the Nam-gu Seoul metropolitan area, Nam-gu, Gwangju, by the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the occurrence of a traffic accident;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Selection of a credit cooperative without prison labor for punishment;
1. When considering the fact that the victim died due to the accident of this case caused by the defendant's negligence on the grounds of sentencing under Article 62 (1) of the Criminal Act of the suspended sentence, it is inevitable to choose a imprisonment without prison labor.
However, the victim's negligence is also involved in the occurrence of the accident of this case, and the defendant is the defendant.