교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for ten 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 car B i30.
On August 3, 2018, the Defendant driven the above car at around 21:10, and led to the two-lanes in front of the wife population C Officetel at the time of Permitted, one-lanes in front of the two-lanes in the central bank.
Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service is a person who renders a way to reduce speed and to check the front door and the right and the right and the right and the right and the right are well and to drive safely.
Nevertheless, the Defendant did not discover the victim D (W, 55 years old) who was moving the above crosswalk to the right side from the left side of the direction of the Defendant’s running by negligence while neglecting this, and did not discover the victim and got the victim to go beyond the floor of the said vehicle.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to brain injury in the workplace.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. A survey report on actual condition and an accident scene photograph;
1. Blue boxes and video CDs;
1. Application of Acts and subordinate statutes to dead bodies;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommended punishment] The special mitigated person in the mitigated area (4 months to 1 year) of the Class 2 of the general traffic accident (the death of a traffic accident): the fine is not imposed [the sentence]. The accident of this case caused the defendant's death by negligence violating the duty to protect pedestrians in the crosswalk, and caused the damage to the crosswalk by shocking the victim who passed the crosswalk and neglecting the duty to protect pedestrians in the crosswalk. The defendant's violation of the duty of care is limited to not only the degree of violation of the defendant's duty of care, which is proceeding without lowering speed even though the victim is passing the crosswalk.