교통사고처리특례법위반
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.
Punishment of the crime
The defendant is a person who is engaged in driving of a sealed truck B.
On September 1, 2014, the Defendant driven the above cargo vehicle at around 10:45, and got to turn to the left at the front of the Yacheon-si, Kimcheon-si at the front of the Yacheon-si Police Station.
Since there is an intersection where traffic control is not performed, there was a duty of care to check whether there are cross-vehicles by reducing speed or temporarily stopping the vehicle with a duty of care to drive the vehicle.
Nevertheless, the defendant neglected to turn to the left as it was due to the occupational negligence of the defendant, and the part of the bicycle driven by the victim D (the age of 79) who was moving to the front part of the said cargo vehicle, which was driven by the victim D (the age of 79).
Ultimately, the Defendant caused the victim to die of brain escape from the hospital of Chungcheongnamnam University, which was located in Daejeon-gu in 282 on the same day, around 16:25 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes to investigation reports (individual agreements);
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 selection of
1. As for the reasons for sentencing under Article 62(1) of the Criminal Act, considering the following circumstances: (a) under which the result of the death of the victim was seriously unfavorable; (b) relief measures have been taken after accidents; (c) the victim’s bereaved family members have agreed with the victim; (d) comprehensive motor vehicle insurance has no record of criminal punishment; and (e) the extent of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment [the range of the mitigation area ( April to October), special mitigation (the special mitigation area: the person who was not subject to punishment] and all other circumstances, including the Defendant’s age, character, conduct and environment, etc., as a whole, shall be determined as the sentence