교통사고처리특례법위반(치사)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) The instant accident was caused by the victim’s unauthorized crossing, and there was no possibility of avoidance, and the Defendant was not negligent in neglecting the duty of the front-down. 2) Even if not, the sentence (one year of imprisonment without prison labor, two years of suspended execution, and 40 hours of the compliance driving lecture) imposed by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible.
2. Determination
A. The Defendant is a person engaging in driving a passenger car B Alpha 147.
On September 15, 2018, the Defendant driven the above car at a speed of 76.3km per hour according to the speed of 76.3km from the high-speed terminal high-speed road at the entrance of the 41-lane 41-gil, Seocho-gu Seoul, New Distribution-ro, Seocho-gu, Seoul, to drive the above car at a speed of 23:45.
Since a section of 60km in speed or 40km in speed from the front of 10km in speed, and the speed reduction notice board has already been installed 40 meters prior to the start of the speed reduction section, a person engaged in driving service has a duty of care to safely operate the steering gear by checking the safety of the course in advance and properly operating the steering and brake system, prior to the start of the speed reduction section.
Nevertheless, the Defendant passed a speed reduction notice board at a speed of 40 km prior to the start of the section 40 km at a speed of 76.3 km at a speed of 76.3 km, and neglected to perform the duty of front-time watching, and caused the victim C (45 years old) to go on the right side from the left side of the running direction to the right side of the said vehicle and suffered two credits on the victim. On February 15, 2019, the victim died of the victim’s fladial symptoms while being treated at a hospital at a speed of 11:31,00.
Accordingly, the defendant's death by occupational negligence above.