교통사고처리특례법위반
1. The defendant shall be punished by imprisonment without prison labor for four months;
2.Provided, That 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 engaged in driving the B-learning passenger car.
On August 22, 2014, the Defendant driven the said car at a speed of 40-60 km from the winging side to the water side by driving it on August 22, 2014.
At night, there was a duty of care to reduce speed to the person engaged in the driving of motor vehicles and to prevent accidents in advance by driving the motor vehicle while living well on the right and the right.
Nevertheless, the Defendant neglected this and did not discover the victim C (the age of 45) who walked from the right side of the vehicle driven by the Defendant by negligence that did not keep it properly at the front time, to the right side of the vehicle driven by the Defendant along the road boundary line, and did not find the victim C (the age of 45) and was driven by the Defendant with the part, such as the panion in front of the right side
Ultimately, the Defendant caused the damage to the number of scams by occupational negligence, and caused the death of the victim at the Andong Hospital located in Ansan-si, where the Defendant was receiving treatment at around 15:25 on December 12, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and E;
1. A report on the occurrence of a traffic accident and on-site map of a traffic accident;
1. Each traffic accident 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 and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) [Special Mitigation] Reduction Area (Article 4-10) (Article 62(1) (Article 62(1)) (Article 62(2) of the Criminal Act (Article 62(1)) (Article 62(1)) (Article 62(3)
However, it is particular that the defendant neglects his duty of care.