교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of B-II cargo vehicles.
On March 20, 2017, the Defendant driven the above cargo vehicle around 21:07, and operated the road of five-lanes in front of Gangnam-gu Seoul Metropolitan Government C from the direction of Samsung Medical Center to about 62 km in the direction of the village market.
At night and at the time, the defendant changed the lane into a four-lane, there was a duty of care to make a person engaged in driving a motor vehicle look well at the traffic situation of the front side and the right side, and to operate the steering direction and the system properly and change the lane safely.
Nevertheless, the Defendant neglected this and caused the victim to go beyond the ground by taking the part on the left side of the victim D(51) driving the four-lane due to the negligence of changing the four-lane into the four-lane as it is.
Ultimately, the Defendant caused the death of the victim by occupational negligence at Samsung Hospital, which was in the process of transmitting treatment after around March 20, 2017, in Seoul, Gangnam-gu, Seoul, 81, due to multiple trauma at Samsung Hospital.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Investigation reports (the response to the analysis of traffic accidents by Road Traffic Authority);
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. It is so decided as per Disposition on the grounds that Article 62(1) of the Criminal Act (the defendant has no record of criminal punishment heavier than once a fine so far, the degree of negligence of the victim who contributed to the occurrence of the instant accident, the fact that the victim's bereaved family members agreed with the victim, and the fact that the defendant seems to be against the victim) is higher than that of the Criminal Act.