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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a B B B B B B B B B car.
On March 19, 2017, the Defendant driven the above vehicle on March 19, 2017, and driven the two-lane road of Pyeongtaek-si C in the direction of about 92 km from the court distance to the two-lane.
At the time, it was difficult to keep the surrounding areas at night, and the place was 60 km at a speed of restricted speed, so in such a case, there was a duty of care to see the front side, keep the speed, and prevent the accident in advance by driving the vehicle safely.
Nevertheless, the Defendant neglected to do so and went beyond the speed of the restriction and got the victim D (54) who dried up the above road to port from the right side of the front side of the Defendant’s vehicle due to the negligence of the Defendant.
In the end, the Defendant caused the death of the victim due to the above occupational negligence, such as the second blood transfusion during the back-of-the-counter treatment at Pyeongtaek-si Hospital located in 284 in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, on-site photograph of the accident, and death certificate;
1. Application of Acts and subordinate statutes to a report on investigation (as to the result of appraisal requesting the speed analysis of a suspected vehicle);
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. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and the circumstances before and after the commission of the crime.
- The occurrence of a serious consequence of the death of the victim due to the instant traffic accident, provided that the negligence of the victim has contributed to the occurrence of the instant accident and the defendant has agreed with the bereaved family member. - The defendant has no record of criminal punishment for the same crime.