교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment 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 person who is engaged in the duty of driving B taxi.
On April 6, 2017, the Defendant driven the above taxi on April 12:00, and led to the passage of the road in front of the oil station in the Busan Western-dong, Seocheon-gu, Busan, Busan to Seocheon-dong.
In such cases, the driver of a motor vehicle has a duty of care to live well on the front side and the left side and to accurately operate the steering and brake system and to safely proceed with it.
Nevertheless, the defendant did not discover the victim C (the age of 87) who crosses the road from the right side of the defendant's proceeding to the left side by negligence while neglecting this, and received the victim from the defendant to the front line of the taxi.
As a result, the Defendant caused the death of a victim who was receiving treatment at the Seongbuk-dong, Busan, 1786, as the foregoing occupational negligence, at around 04:15, due to the death of the victim who was receiving treatment at the Seongbuk-gu, Busan, Busan.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A copy of a black image;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of sentencing guidelines] - The mitigated area of Class 2 (Death or Injury by Traffic Accidents) (4 months to 1 year): The victim is also at fault due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the decision of sentence]. The defendant's age, sex, environment, motive, means and consequence of the crime, etc. shall be taken into account the various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, and the circumstances after the crime.