교통사고처리특례법위반
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 of the final judgment.
Punishment of the crime
The Defendant is a person driving “C” or “C” or “one ton cargo vehicle.”
At around 10:50 on November 28, 2014, the Defendant driven the above cargo vehicle, and proceeded along the third line of the fourth line of the "Eju shop" in Nam-gu, Nam-gu, Gwangju, with the third line of the "Eju shop," the Defendant moved to the 20km speed at the speed of speed of 10km from the 20km away from the 3rd line of the "Eju shop".
It is a side road of a house and a road that does not require traffic control. In such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle in a safe way by living well on the front side and the left side.
Nevertheless, the Defendant neglected this and got the victim G (80 years of age) who was riding a bicycle in front of mail as the left-hand box on the left-hand box of the cargo vehicle, and caused the victim to die by cardiopulmonary stop at the F Hospital located in the Nam-gu Seoul Metropolitan City, Nam-gu, Gwangju, at around 11:15 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to I;
1. The actual survey report on traffic accidents (including photographs);
1. Application of Acts and subordinate statutes on a written autopsy;
1. Relevant provisions of the relevant Act and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishments, and Article 268 of the Criminal Act concerning criminal facts;
1. The sentencing guidelines of Article 62(1) of the Criminal Act on the suspension of execution shall include various kinds of sentencing conditions, including the following: (a) the mitigation area of the sentencing guidelines for the reasons for sentencing under Article 62(1) of the Criminal Act (the scope of the sentencing guidelines on the grounds of the suspension of execution (the death of traffic accidents) ① the Defendant seriously reflects his/her fault; (b) the Defendant agreed with his/her bereaved family after compensating for damages; (c) favorable circumstances such as the Defendant’s vehicle being covered by the comprehensive motor vehicle insurance (the surviving family has completed a civil agreement with the insurance company; and (d) the result of the crime, such as the death of the victim, and (e) the Defendant’s age, character, environment