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 of a C Poter cargo vehicle.
On June 14, 2016, around 04:00, the Defendant driven the front road of “E” located in “E” located in “E” located in “E” in “E” in “E” in the Chang Sea-gu, Changwon-si, and proceeded along the two-lanes of the two-lanes of the Gu office in the Jinhae Sea-gu.
On June 14, 2016, a crosswalk was installed at a front door, so in such a case, a person engaged in driving duties could easily examine whether there is a pedestrian crossing and the right and the right and the right of the pedestrian in order to safely drive the crosswalk, and even though he/she had a duty of care to safely drive the crosswalk, he/she neglected to stop the above crosswalk at the time of his/her occupational negligence and failed to find the victim F (F, 54 years old) who is faced with the said cargo in the workplace under the influence of driving by neglecting his/her duty to safely drive the crosswalk, thereby leading the victim of the said cargo vehicle to drive the said cargo vehicle without finding the victim F (F, 54 years old).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I and J;
1. A traffic accident report, traffic accident report, vehicle photograph, and on-site photograph;
1. Application of Acts and subordinate statutes of a death certificate;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Where there is a substantial negligence on the occurrence of a traffic accident or expansion of damage to the victim, even though the victim has reduced area (from April to one year) of the Class II (Death or Injury caused by a traffic accident) of the general traffic accident according to the sentencing guidelines;
2. Where the victim is dead due to a traffic accident in this case caused by negligence of the accused in the course of performing his duties, the sentence may not be restored;