교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six 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 engaged in driving CCR1105WH.
On May 31, 2018, the Defendant driven an off-road 21:20, and proceeded along the two-lane road in front of Yongsan-gu Seoul Metropolitan Government, Seoul, along the one-lane line from the “electronic shopping mall,” to the north intersection of the “ Han River Intersection.”
At the time, the road was not able to be set by the street, etc., the vehicle operated on the road was not many, there was no obstacle at the center of the road, and there was a person who crosses the road without permission due to bus stops on both roads, so the driver of the discovered vehicle has a duty of care to report the traffic situation on the front road well and to prevent accidents in advance by driving the vehicle safely.
Nevertheless, the defendant neglected to do so and neglected to do so, and the opposite direction to the road is proceeding. The defendant accepted the victim E (the 79 years of age) who is a pedestrian crossing the road from the left side to the right side.
As a result, the Defendant suffered from the above victim's heart, liver heat, blood transfusion, cerebral cerebral surgery due to the above occupational negligence, and caused the victim to die during the surgery at the government Matern Hospital around June 5, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A report on internal investigation and a report on internal investigation (in cases of CCTV of the Gu office);
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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall take into account all the circumstances, such as the fact that there is negligence on the part of the victim
1. The community service order under Article 62-2 of the Criminal Act;