교통사고처리특례법위반
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 engaging in driving a rocketing taxi.
Around 12:50 on October 3, 2015, the Defendant driven the above taxi and proceeded with a two-lane road in the vicinity of the shooting distance in front of the budget district of the Chungcheongnam-gun Budget-gun, Chungcheongnam-do, according to one-lane, from the apartment room of tin apartment, to the 40km long from the budget boundary.
In this case, a person engaged in driving a motor vehicle has the duty of care to pass through the intersection after checking whether there is another vehicle entering the intersection by taking into account the surrounding traffic situation before entering the intersection.
Nevertheless, the defendant did not confirm the surrounding traffic situation in advance at the above intersection and had the victim enter the intersection first from the left side of the direction of the defendant's proceeding, and received the part of the right side of the victim C (61 ) who entered the intersection, first of all, from the left side of the direction of the defendant's proceeding, the part of the right side of the victim C (61 ) who was driven by the defendant, and received the same month.
8. Around 07:20, at a university hospital of the Republic of Korea located in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, in the direction of the network 201, resulting in the death of cerebral brain.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of E traffic accidents;
1. A death certificate;
1. A report on traffic accidents and a survey report on actual condition;
1. On-site photographs;
1. Application of Acts and subordinate statutes to report internal accidents;
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. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory applicable sentences] from one month to five years of imprisonment without prison labor (the application of sentencing guidelines]: Traffic crimes, general traffic accidents, and type 2 (Death by Traffic Accidents): the area of recommendation and the scope of recommended sentences: imprisonment without prison labor for not less than four months.