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 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 B mother car.
At around 16:30 on September 28, 2019, the Defendant driven the said car and proceeded at the speed of about 105-110km from the right side to the right side of the new luminous crossing, which is located in Yongsan Island, at the speed of Naju.
Since it is a road with a restricted speed of 80km and that is a tri-type intersection with no signal, a person engaged in driving service has the duty of care to check and drive the vehicle by observing the restricted speed, and the driver has the duty of care to check whether or not the vehicle passes through the intersection by checking the front side and the left side well after reducing the speed or temporarily stopping the speed.
Nevertheless, due to the negligence that the Defendant neglected it and proceeded to turn to the left from the c village to the left, the Defendant received the k5 vehicle driving seat door of the victim D(the age of 48) from the c village as the front part of the car.
Ultimately, the Defendant caused the victim’s death by occupational negligence to go back to G Hospital located in F in the south of the same day before the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes on a written autopsy;
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 selection of
1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined in full view of the criminal records of the defendant, the nature and risk of the crime of this case, the circumstances leading to the crime, the degree of damage to the victim and whether the victim was recovered, the family relationship, health condition, and the possibility of recidivism as stated in the records and arguments of this case.