특정범죄가중처벌등에관한법률위반(도주치사)
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
On March 25, 2018, the Defendant, while driving an occupational FF taxi along the five-lane in front of the E-do, Daejeon, Daejeon, along the four-lanes from the four-lane radius, and changing the course to the five-lanes, was mistakenly driven by the Defendant, while driving the steering gear and brakes without accurately operating the steering gear and brakes in the five-lanes.
Ultimately, the Defendant caused the death of the victim due to the ductal of two houses at the above job site due to the occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of Acts and subordinate statutes to a traffic accident report, appraisal report, death certificate, on-site photographs, CCTV images, and copies of black stuff images;
1. Relevant Acts of crime, Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, Article 268 of the Criminal Act, and selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;
1. Sentencing (Scope of recommended punishment) (referring to two months to one year), the area subject to special mitigation (referring to a person subject to special mitigation) (referring to a person subject to special mitigation) of a traffic accident, where the victim has committed considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage);
2. Determination of sentence: (a) the Defendant was negligent in neglecting the front-time watch while driving, resulting in a serious consequence of the death of the victim; and (b) when the occurrence of a traffic accident, the Defendant should check the scene and take necessary measures; (c) but the Defendant did not take necessary measures without checking the scene (see, e.g., Supreme Court Decision 200Do4148, Apr. 2, 2008). However, the Defendant’s act against the Defendant and the victim are under the influence of alcohol.