교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in the operation of a motor vehicle with sod vehicle from C.
On September 26, 2017, the Defendant driven the above vehicle at around 15:00 and proceeded at a speed of about 50 km per hour depending on the two-lane road in E Do D at the time of strike.
In such a case, the driver has a duty of care to reduce speed and safely proceed with it by properly examining the right and the right and the right and the right of the driver, and prevent the accident from occurring.
Nevertheless, the Defendant caused the Defendant’s death of the victim F (76 tax) driver’s bicycle crossing the road to the right side from the left side of the course of the course of the course by negligence, which had not seen the front bank well, to the front side of the Defendant’s front side of the Defendant’s vehicle. Ultimately, the Defendant caused the Defendant’s death of the victim by an occupational negligence, such as an stimulous shock, etc. at the Ulsan Hospital located in 170 U.S., Seoyang-gu, U.S., U.S. on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A traffic accident report, a report on the occurrence of a traffic accident, and a death diagnosis report;
1. Application of Acts and subordinate statutes on site photographs, protruding photographs, and bicycle photographs of each accident;
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. The Defendant’s negligence, who neglected the duty of care prior to the reason for sentencing under Article 62(1) of the Criminal Act, led to the result that the victim’s death could not be observed.
However, the negligence of the victim who illegally crossed the 4th line road was also the cause of the instant accident.
The Defendant, who had no criminal history, violated his/her mistake and agreed with his/her bereaved family members.
The punishment shall be determined as per the order by taking all other circumstances into consideration.