교통사고처리특례법위반
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.
Punishment of the crime
The Defendant is a person who is engaged in the duties of driving a truck driver who belongs to a sex-day enterprise, and the operation of a C food waste collection truck.
On February 26, 2016, the Defendant driven the above collecting truck on around 07:25, and turned down the road between the juki apartment and the juki apartment 2 Dong at a speed of about 10km at the entrance of the apartment.
Since there are many apartment residents' frequent traffic, there is a duty to prevent accidents by driving a motor vehicle by safely driving the motor vehicle after checking whether there is no person who passes after the motor vehicle driving.
Nevertheless, the Defendant neglected this and did not discover the victim D (n, 84 years old) who was walking on the following of the collection truck due to negligence in the course of business, and did not discover the victim D (n, 84 years old), and got the victim to go to the road after the truck. The part of the victim's head with the rear wheels of the truck was over the victim.
Accordingly, the Defendant caused the victim's death by occupational negligence as above, in the field of two complicateds.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of Acts and subordinate statutes to death certificates of corpses;
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 the selection of imprisonment without prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of the recommended sentence] The reasons for sentencing under Article 62(1) of the Criminal Code is determined as follows: traffic crime group, general traffic accident, type 2 traffic accident, death of Type 2 traffic accident, mitigation area (the imprisonment without prison labor for April to 1 year) / [the sentence] 8 months, the imprisonment without prison labor for the death of 2 years during the suspension of execution, the amount of punishment caused by the death of 2 years during the suspension of execution, the amount of comprehensive