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 becomes final and conclusive.
Punishment of the crime
The defendant is a driver of a car at CV time.
On December 22, 2016, the Defendant driven the above car on the 12:25th day of December, 2016, and proceeded at the speed of about 96 km from the middle side of the two lanes, along the two lanes of the 'E cafeteria' in Pyeongtaek-si D.
There are two-lane roads with a speed of 80km, and a crosswalk was installed in the front section, and at the time, the lower surface was sucked. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and brakes by complying with the speed of 64 km, which reduces the highest speed of 20%, and by accurately manipulating the steering gear and brakes.
Nevertheless, the Defendant neglected this and did not find out the victim F (53 cm) who crosses the crosswalk in the front of the right side of the mast, with the right side of the road, from the left side of the mast in the front of the mast, while driving over the speed of the restriction, and did not get the victim F (53 cm) to go beyond the floor.
Ultimately, the Defendant caused the death of the victim by blood transfusion from two in around 12:52 on December 22, 2016 by occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report, report on the scene of an accident, death certificate, black stuffs image, and capsizing images, and an appraisal report;
1. Application of Acts and subordinate statutes to a report on investigation (as to a suspect's length exceeding the speed limit);
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. Taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution; (b) the fact that an accident of death occurred due to the continuous driving of a motor vehicle; (c) the negligence of a victim crossinging a signal violation has contributed to the occurrence of an accident; (d) the fact