교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On February 5, 2018, the Defendant: (a) found the victim D (81), a QM6 car driving on the right side of the said car, traveling along the intersection of the Gangwon-do metropolitan crossing 76-2 road from the front city to the front city; (b) confirmed whether there is a person crossing the said road by observing the speed of restriction; and (c) neglected to perform the duty of care to prevent accidents by accurately operating the steering direction and operating the steering system; (d) found the said road on the part of the victim D (81), a bicycle crossing the bicycle on the left side of the said car; and (e) caused the victim to die the road over the front direction of the said car to the front direction of the said car; and (e) caused the victim to die on April 12, 2018 at the Sungsung-gun University, a high-speed local university. < Amended by Act No. 15214, Apr. 21, 2018>
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, diagnostic certificate, medical opinion, traffic accident analysis result, and death diagnosis report;
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended sentence] General traffic accident cases in Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] are the following: (a) the mitigation area (4 to 1 year) [the person subject to special mitigation] [the person subject to sentence] is not subject to punishment [the defendant's decision of sentence] because he/she renders an excessive driving on a road without any hindrance to the view of the lower court, and caused a traffic accident and resulting in the victim's death.
However, in light of the fact that an accident occurred while the elderly victim led the bicycle without permission, he/she is negligent in the occurrence of the accident, and the victim's bereaved family members are paid a sum of KRW 20 million.