교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight 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
On January 20, 2017, the Defendant driven a low-speed car B around 11:20, and driven a road in front of Gwangjin-gu Seoul Special Metropolitan City, Seoul, along the three-lane distance from the side of the Sejong Cyber University, driven at an insular speed.
Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.
Nevertheless, the Defendant neglected this and operated a vehicle as it is while driving it on the road in order to avoid a collision with the vehicle driving in the front side, and caused the injured party to take the front part of the victim D(47 S) driving ECA 110V bicycle front part of the above low typ typ vehicle in order to avoid a collision with the vehicle driving in the front side.
Ultimately, the Defendant caused the death of the victim in the same workplace due to the above occupational negligence due to the cerebral brain injury.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of Acts and subordinate statutes to death certificates;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of sentence] 8 months, 2 years of suspended sentence (two years of imprisonment without prison labor), comprehensively taking into account the following circumstances, such as the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, the sentence is determined as ordered.
The favorable circumstances: The confession of the crime of this case and reflect it.
Insurance money was paid to bereaved family members through a comprehensive insurance that the passenger car driven by the defendant.
There is no record of heavy punishment exceeding a fine.
On June 14, 2017, it agreed with the representative of the victim's bereaved family.
Unfavorable circumstances: the defendant's central line.