교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving three another vehicle.
On December 31, 2013, at around 05:10 on December 31, 2013, the Defendant driven the above vehicle, and driven the front road of the water-west public parking lot located in 725, Gangnam-gu, Seoul, Gangnam-gu, Seoul, along the direction of the intersection from the waterside to the waterside at the speed of about 60km in speed.
Since time was prior to sunrise, a person engaged in driving service has a duty of care to prevent accidents in advance by safely operating the right and the right.
Nevertheless, the Defendant neglected this and found the victim D (year 25) who was on the right side of the running direction of the Defendant due to negligence, and operated it immediately to avoid this. However, the Defendant did not avoid it, but did not shock the victim and shocked the victim with the upper right part of the Defendant’s vehicle.
Ultimately, at around 08:55 on December 31, 2013, the Defendant caused the death of the victim by occupational negligence, from the F Hospital located in Gangnam-gu Seoul, to the heart due to blood transfusion.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. The actual condition survey report;
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 applicable mutatis mutandis to criminal facts and Article 268 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (special mitigation) of the suspended sentence is that the victim is negligent in the occurrence of a traffic accident, taking into account the following circumstances: (a) the victim’s failure to punish the bereaved family [the scope of recommending punishment] from February to October (the decision of sentencing]; (b) the motor vehicle comprehensive insurance is subscribed to a motor vehicle; (c) the victim has no criminal record other than the one-time fine; and (d) the confession of a crime and is against depth in the course of committing the crime, etc.