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 BMW 520D car.
On May 15, 2017, the Defendant continued to run the front road of D Company C located in Seosan-si, Seosan-si, Daejeon from the direction of Daejeon.
A person engaged in driving a motor vehicle shall not drive the motor vehicle at such speed or in such a manner as to cause any danger and injury to others according to the road traffic situation and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents by driving the motor vehicle while driving the motor vehicle on the right side and the right side.
Nevertheless, the Defendant neglected to do so and got the victim E walking on the right side from the left side of the course direction to the front side of the above vehicle of the Defendant.
Ultimately, the Defendant had the victim on the same day as the above occupational negligence caused the death of the victim due to the symptoms of blood transfusion in the Bagic hospital located in 14, 294, Masan-si, Masan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A death certificate;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accidents Act No. 62(1) [Article 62(1) of the Criminal Act / [the scope of the recommended sentence] / [the person subject to special mitigation] / [including efforts to recover damage] / The decision of sentencing] / the decision of sentencing is not to be less restrictive to the result of the crime such as the death of the victim due to the instant accident, but the result of the crime is not easy, such as the death of the victim. However, the defendant is against the mistake, the first crime is the first one, the victim and his bereaved family members agreed to the automobile comprehensive insurance, the age, circumstances of the accident, the details of the defendant's negligence, and the crime