교통사고처리특례법위반
1. The defendant shall be punished by imprisonment without prison labor for five months;
2. Provided, That 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
The Defendant is a person who is engaged in the operation of B rocketing taxi.
On April 1, 2015, the Defendant driven the above vehicle at around 00:16, and led the road of five lanes in front of Gwangju Seo-gu, Seo-gu, to a speed of about 60km per hour according to three lanes from the gold protection area to the chill distance.
At the same time, a person engaged in driving duty at night has a duty of care to thoroughly see the front left, and to accurately manipulate the operation and steering gear, to prevent accidents from occurring.
Nevertheless, when the defendant drives the road by neglecting it, the defendant got the victim E (the age of 47) who unclaimedly crossed the road from the left side of the front direction of the traffic of the defendant, to the right side of the above vehicle, and let the victim go beyond the road.
Ultimately, at around 01:50 on April 1, 2015, the Defendant caused the victim’s death by occupational negligence by presumption of low blood shock at the hospital of the Jeonnam University in Gwangju-ro, Dong-gu, Gwangju-ro, 42.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to a survey report on actual condition, traffic accident scene, black images, and death diagnosis report;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months to not more than October, general traffic accidents: Special mitigation area (two to ten months) of types of special mitigation area (the death of a traffic accident) of the two-month traffic accidents: In a case where there is substantial negligence on the occurrence of a traffic accident or expansion of damage to a victim, a penalty surcharge shall not be imposed.
3. Determination of sentence: A sentence of imprisonment without prison labor shall be rendered for five months or two years or more of suspended execution, resulting in the death of a victim and the result of damage.
However, the victim who illegally crossed the road is also liable for the occurrence of the accident of this case.