교통사고처리특례법위반(치사)
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On November 7, 2019, the Defendant driven a two-lane road in the direction D in Kim Jong-si, Kim Jong-si, and driven the said vehicle along the two-lanes from the direction E from the direction of the mountain Tri-distance.
At the time, there was a night and there was difficulty in securing the view of the front door due to the absence of street lights, so in such a case, there was a duty of care to take care of the traffic situation of the front door and to prevent accidents by accurately manipulating the steering direction and brake system.
Nevertheless, the defendant neglected this and neglected to use the mobile phone, and neglected to use it, and led the victim F (F) who was living at the edge of two-lanes of the progress direction to the right wheels of the defendant's car.
Ultimately, the Defendant caused the death of the victim due to the following occupational negligence: (a) the two parts of the body and the inside part of the body are different.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to G, H and I;
1. Report on a traffic accident, a change photograph, a body autopsy, evidence photograph, photographic image of an accident vehicle, notification of the results of the traffic accident analysis, and the application of Acts and subordinate statutes on telephone conversations;
1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant served the victim who was at the edge of the road due to violating his/her duty of care by using a cellular phone during driving, etc., and that the result of the victim’s death was disadvantageous to the Defendant.
However, the defendant recognized the crime of this case and took advantage of it on the road under the influence of alcohol at night.