교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant was engaged in driving freight vehicles B and B.
On October 3, 2019, at around 21:45, the Defendant driven the above vehicle on the front of the “D” road located in the Gunsan City C, and was driving along the four-lane two lanes from the distance of transportation history to the new distance of transportation distance. The Defendant changed the lane while driving the vehicle on the front of the “D” road in the Gunsan Si.
Since there are other vehicles at the same time in another lane, a person engaged in driving service shall pay due attention to the traffic of the surrounding vehicle, and in such cases, he/she shall change the vehicle at a safe speed and in a safe manner, such as using a directioner, depending on the speed and route of the surrounding vehicle and other road conditions. In cases of changing the course of the vehicle, there was a duty of care to safely drive the vehicle, such as not changing the course, if it is likely to obstruct the normal traffic of other vehicles running in the direction of the change.
Nevertheless, the Defendant neglected this and did not check the traffic situation of the surrounding vehicle properly, and did not change the vehicle rapidly from one lane to three lanes by negligence of driving the vehicle, and shocked the front part of the victim EMF CBR600R, which was driven directly from three lanes by negligence, into the right side of the Defendant vehicle.
Ultimately, the Defendant caused the victim’s death by occupational negligence by getting the victim to receive treatment after being transmitted to the H hospital located in the Y in the Y in the Yasan-si G, and by getting the victim I (the 19-year-old) to suffer from the external shock, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to J and K;
1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a traffic accident report, a field photograph of the accident, and a death diagnosis report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.