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 vehicle B-fest.
On January 22, 2020, the Defendant driven the above car at around 18:30, and driven it along the two-lanes from the shooting distance to E in front of the D, which is located in Asan-si Member C, Asan-si.
Since there is a limited speed of 50km/h and night, there was a duty of care to comply with the restricted speed and to prevent accidents in advance by thoroughly giving the prior notice to the driver.
Nevertheless, the defendant, while driving at a speed of about 20 km/h above 70 km and above 80 km, caused the victim F, who crosses the road to the right right side from the mad left side, to go beyond the road.
Ultimately, the Defendant caused the death of the victim in the same workplace due to the above occupational negligence.
Summary of Evidence
1. Partial statement of the defendant;
1. Investigation report, response to a request for appraisal, traffic accident analysis appraisal report (1) (2) on traffic accident, on-site photographs of traffic accident (e.g., background of recognition and on-site situations), investigation report (CCTV image), CCTV image extraction photographs;
1. The defendant and his/her defense counsel asserted that the defendant was negligent in failing to perform his/her duty of care in the front time, on the ground that the defendant's physical examination and autopsy records [the defendant and his/her defense counsel that exceeded the speed limit, or that it could not have predicted or avoided traffic accidents caused by pedestrians crossing without permission
However, since the accident site of this case contains a number of waste companies such as D and G, and industrial companies are installed on both sides of the roads, it is a point where pedestrians can sufficiently expect the existence of pedestrians, and there is pedestrians who cross without permission because the restricted speed is merely 50 km/h, unlike the road on exclusive roads for motor vehicles, which is difficult to present the existence of pedestrians.