교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a B B B B B B B BB car.
On March 29, 2020, the Defendant driven the said car on March 16, 2020, and driven the said car to the entrance of E from the direction of the door-line to the front of the D facilities located in Bosung-gun, Jeonnam-gun.
At all times, there is no car number plate driven by the victim F (FF, South and 78 years of age) in the front of the road as a one-lane road, and the vehicle is proceeding in the same direction as the center line goes beyond the center line, so there was a duty of care to safely proceed to prevent accidents by using a horn when the person engaged in driving of the vehicle is able to live well before, after and after the driving of the vehicle, and when the victim overtakes the vehicle.
Nevertheless, the defendant neglected this and did not use a horn, and had the victim go beyond the center line on the right side of the motor vehicle driven by the defendant when the victim went beyond the center line due to the negligence of passing ahead to the right side of the motor vehicle driven by the victim, and let the victim go beyond the road.
Ultimately, around April 4, 2020, around 04:12, the Defendant caused the death of the victim due to brain death at a H hospital located in the North-gu Seoul Metropolitan City G in Gwangju-gu.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. On-site photographs of traffic accidents;
1. A report on internal investigation (in cases of attaching screen pictures to vehicles booms and video-fags);
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. The scope of the recommended sentence according to the sentencing guidelines (the determination of types) shall be limited to traffic accidents in general. < Amended by Presidential Decree No. 17219, Dec. 2, 201>