교통사고처리특례법위반(치사)
The punishment of a defendant shall be determined by a credit cooperative for six months.
except that the sentence shall be imposed for a period of one year from the date the judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of a motor vehicle B and C.
On August 9, 2017, the Defendant driven the above cargo vehicle around 15:50, and led to the running of the above cargo vehicle to the speed of about 60 km from the front side to the front side of the two-lane road along the intersection of the uniform room in the front Chang-gun, Chungcheongnam-gun, the Kim Chang-gun.
At the time, the victim C(70) was driving a bicycle at the right edge of the road at the front of the defendant's driving direction, so there was a duty of care to prevent the accident by safely driving the motor vehicle by driving the motor vehicle at a safe speed.
Nevertheless, the defendant neglected to enter the road and caused the victim to go beyond the road by shocking the part on the left side of the bicycle driven by the victim's bicycle due to the fact that the bicycle driven by the victim was found to be late after he was found to enter the road.
Accordingly, the Defendant caused the death of the victim by occupational negligence at the Joseon University Hospital located in 365, as of August 10, 2017, in Gwangju-dong, Gwangju-gu, about 03:00.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a survey report on actual condition, on-site photographs, photographs of a changeer, and death certificate;
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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);
1. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommending punishment] The following circumstances are considered as follows: (a) the area of special mitigation (two months to one year) (the occurrence of traffic accidents) [the victim] is negligent in causing traffic accidents or expanding damage; (b) the victim is not subject to punishment (the decision of sentence).