교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of Cone Star Vehicles.
At around 18:30 on January 26, 2013, the Defendant proceeded at a speed of about 60 kilometers a speed of 170 kilometers a two-lane road near 174-4 adjacent to the Manyang-si, Namyang-si.
At the time, the day was not well visible and was a bended channel. In such a case, a person engaged in driving of a motor vehicle shall accurately operate the steering gear, brakes and other devices of the motor vehicle, and shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the motor vehicle and the structure and performance of the motor vehicle, and has a duty of care to properly report the surrounding traffic conditions and to prevent accidents by driving the motor vehicle.
Nevertheless, the Defendant neglected this and got the victim D, who crosses the road from the right side side of the Defendant’s vehicle to the left side of the road in the course of the Defendant’s vehicle by negligence in the course of his duties, and the victim D, who crosses the road from the right side side of the Defendant’s vehicle.
Ultimately, the Defendant caused the victim to suffer bodily injury, etc. on both sides by occupational negligence, and caused the death of the back-of-the-counter therapy at the Dongdaemun-gu Seoul E Hospital on February 10, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report, actual condition investigation report;
1. An accident site photograph;
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. The scope of the sentence on the grounds of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing): The final sentencing range recommended by the sentencing guidelines from January to May: the traffic accident standard of the general traffic accident among the traffic crime group (the type of crime) from February to October.