교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Criminal facts
The defendant is a person who is engaged in the duty of driving a small-type taxi B.
On March 30, 2019, the Defendant driven the above taxi on March 20, 2019, and proceeded with the third line road of the Jung-gu Incheon Metropolitan City C in the direction of the private distance at the intersection of the paddy-dong along two lanes.
At night, there was a duty of care to prevent accidents by accurately manipulating the steering and steering gear of a person engaged in driving of a motor vehicle, and thus, he/she had a duty of care to prevent accidents.
Nevertheless, the Defendant neglected to do so and got the victim D (the age of 87) who crossed the road above the course to the right side from the left side of the Defendant’s running direction to the right side of the Defendant’s driving direction, and had the Defendant go beyond the floor.
Ultimately, at around 00:16 on March 31, 2019, the Defendant caused the victim's death by negligence in the above occupational negligence, from an affiliated hospital of the F medical college located in Jung-gu Incheon Metropolitan City, Jung-gu, to the low blood shock.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of statutes to a copy of a 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 Suspension of Execution (see, e.g., Supreme Court Decision 201Do1489, Apr. 2, 2011)