Text
Defendant shall be punished by imprisonment without prison labor for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is engaged in driving a rocketing car.
On November 3, 2018, at around 13:15, the Defendant made a left turn to the E market at the intersection while driving from the right side of the ethic road to the opposite side of the ethic road of the Seo-gu Incheon Metropolitan City.
Since the above place is a side where pedestrians are frequent and there is no clear distinction between delivery and vehicular road because the house and the commercial store are gathered, there was a duty of care to properly see the front left, etc. for the driver of the vehicle, and to prevent the accident in advance by properly manipulating the steering and steering system.
Nevertheless, while the Defendant neglected the operation of the front-time, steering direction, and brakes and left-hand turn, the Defendant got the victim F who walked on the right-hand side of the moving direction from the left-hand side of the moving direction to the right-hand side of the Defendant’s driver’s vehicle and caused the victim to go beyond the road due to a serious occupational negligence in front of the left-hand side of the driving vehicle, and caused the victim’s death to go out of the middle hospital around November 7, 2018 during treatment at the neighboring G hospital.
Summary of Evidence
1. Defendant's legal statement;
1. A death certificate;
1. The actual condition survey report;
1. Application of the Acts and subordinate statutes governing black booms, video booms and photographs;
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 reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “unfair circumstances”) of the suspended sentence (hereinafter referred to as the “instant traffic accident”) (hereinafter referred to as the “disfiscing reason”) was that the victim died.
Even in the year 2014, the defendant has a history of causing another person to have been granted a traffic accident.
【Legied circumstances】 An accident vehicle is covered by a comprehensive insurance and agreed with the bereaved family members.
The defendant's mistake is against the law.
There shall be no criminal records of suspended execution or heavier.
These circumstances and the age, character and conduct, environment, motive, means and result of the crime, after the crime is committed.