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 one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 5, 2017, the Defendant driving a BM520 car around 23:50, and driving the BM520 car in the direction of Pocheon in the direction of the direction of the parallel between the five-lanes in the direction of the Jancheon apartment at the Geumyang-ju-ro 1531.
At the time of night and at least 70 km/h, the driver of the vehicle has a duty of care to safely maintain the restricted speed by accurately manipulating the steering left and left and accurately manipulating the steering system and brakes for the driver of the vehicle.
Nevertheless, the Defendant neglected this and continued to go over to 82 to 87km/h, and the Defendant found the victim C (60 cm) who crosss without permission from the left side of the vehicle driving direction to the right side of the Defendant and operated it rapidly, but the Defendant did not avoid it and got the victim to go beyond the floor.
Ultimately, on July 14, 2017, the Defendant caused the death of the victim due to cerebral macy and cerebral cerebral cerebral ma at E hospital located in Gangdong-gu Seoul Metropolitan Government D by such negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A comprehensive analysis of traffic accidents;
1. Protocol of inspection;
1. Application of Acts and subordinate statutes of a death certificate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Legal penalty: Not more than five years of credit cooperatives;
2. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents of Type 2 (Death, etc. by Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation) (including special mitigation persons) where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage).
3. Determination of sentence: A decision of sentence of imprisonment without prison labor for six months, the fact that the negligence of a victim who crossed without permission for one year under a suspended sentence causes an accident, and the defendant agrees with the bereaved family members of the victim;