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 two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a C M& car.
On November 8, 2016, the Defendant driven the above vehicle at around 18:20 on the 18th day of November, 2016, and proceeded with the national highways No. 24 in front of the village of the 3rd village, Gyeongcheon-gun, Chungcheongnam-gun, Gyeongcheon-gun, in the speed of about 40 km from the beginning side of the same military.
At the time, there was a night and a place where people's passage is frequent in front of the village, so that a person engaged in driving of a motor vehicle was obliged to take a duty of care of preventing accidents by accurately manipulating the steering and steering gear while driving at a speed to reduce the speed.
Nevertheless, the defendant neglected this and did not discover the victim D (the age of 54) who crosses the road from the right side of the defendant's proceeding to the left side, and received the victim from the front part of the defendant's vehicle.
Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence and caused the victim's death by a shock show around 22:17 on the same day while he was transferred to a university hospital and received treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Application of Acts and subordinate statutes 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 (Article 62 (1) of the Criminal Act (the fact that the defendant has no criminal record or heavier than the suspension of execution, the victim's unauthorized crossing appears to have caused the instant traffic accident, and the defendant deposited a total of 30 million won for the victims' bereaved family members);