교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.
On November 27, 2016, the Defendant made the turn to the left at an insular speed from the right high school to the right edge of the law survey distance intersection, which is located in 75 U.S. D. of the broad intersection of the Suwon-si, Gan-si, Gan-si, Gan-si on November 27, 2016.
Since there is an intersection where signal lights and crosswalks are installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a pedestrian, and to check whether a pedestrian has a pedestrian, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the signals.
Nevertheless, the Defendant neglected this and neglected to turn to the left in the right side of the direction of the course by negligence in contravention of the signal, and received the front side of the cargo vehicle where the Defendant is driving the victim D(W, 79 years old) in accordance with the pedestrian signals.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by cutting cage at the Aju University Hospital located in 164, Youngwon-si, Youngwon-si, Youngwon-si, where the victim was under the treatment of transmission after around 08:36 of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A yellow dust survey report and a traffic signal control register;
1. A corpse death certificate and photograph of the corpse;
1. Application of Acts and subordinate statutes to photographs by cutting a field photograph of each accident, a photographic image of a witness vehicle, and by cutting a CCTV image;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Persons who are in the basic area (from August to two years) of the types of general traffic accidents (the death or injury of traffic accidents) subject to the sentencing guidelines: Cases where the illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Punishment is heavy;
2. Circumstances favorable to the accused shall be as follows:
The defendant.