교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a K5-car.
At around 04:50 on May 12, 2020, the Defendant driven the said car at a speed of about 83 km per hour, depending on the three distance distance from the seat of the front road of the Gyeongnam-gun, not through the Gyeongnam-gun.
At the same time, the speed limit is 60 km per hour, and at the same time, the person engaged in driving service has a duty of care to reduce the speed of the vehicle and thoroughly drive the steering gear, and to prevent accidents by accurately manipulating the steering and operating the steering gear.
Nevertheless, the Defendant neglected to do so and neglected to drive a speed exceeding 20 km per hour while driving at a speed exceeding 20 km per hour, and received the part behind the left-hand side of the horse that was driven by the victim D (Nam, 57 years old) who was driving in the same direction as the front-hand side of the Defendant’s vehicle.
In the end, the Defendant caused the death of the victim through occupational negligence as above due to symptoms damage and damage in the F Hospital located in Changwon-si E in Changwon-si, a Changwon-si, where the victim was under transmission treatment at around 14:19 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to any investigation report on actual condition, report on the occurrence of a traffic accident, each photograph, death certificate, and each investigation report;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence as ordered shall be imposed by taking into account the following circumstances: the Defendant’s age, character and conduct, occupation and environment, criminal records, motive, circumstance, method and consequence of the crime, as well as the circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of the instant case.
An unfavorable circumstance is the death of the victim.