교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a C-cruise vehicle.
On April 12, 2015, the Defendant driven the said car at around 00:01, while driving the said car at around 00:01, the Defendant continued to drive a two-lane road in front of D in front of the Namyang-si at about 76 km each hour from the Guamri to mam.
At the time, there was a victim E (the age of 52) who is walking along a two-lane at the front of the night, so there was a duty of care to reduce the speed and to safely drive the vehicle well and prevent the accident by driving it in advance.
Nevertheless, the defendant neglected this and did not discover the victim and did not proceed with it, and received the victim in front of the passenger car of the defendant.
Ultimately, the Defendant caused the death of the victim from the above occupational negligence to the cardiopulmonary suspension.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A traffic accident report;
1. A written result of autopsy and postmortem examination;
1. Photographs of the harming vehicle;
1. Application of the Acts and subordinate statutes to the investigative report (the analysis of black boxes and video images) and to photographic images by cutting them out;
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Article 62(1) of the Criminal Act provides that no basic area (the age of the defendant, character and conduct, intelligence and environment of the defendant, relationship between the victim and the victim, which has no criminal history, shall be determined by the following: (a) August of imprisonment without prison labor and the year of suspended sentence: (b) August of the year; (c) year of the year of suspended sentence; (d) year of the year of suspended sentence; (e) year; (e) year of the year of the death of the victim due to the defendant's negligence in driving; (e) year of suspended sentence; (e) year of suspended sentence; (e) year of the year of the occurrence of the accident