교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a wing and cargo vehicle B.
On November 25, 2015, the defendant driving the above cargo vehicle around 06:05, and driving the D member's front road in the old city C along the two-lanes of the two-lanes of the two-lane between the two-lanes.
At the time, the accident was done at night, which led to the flow of the front night, and therefore, the driver had a duty of care to reduce the speed and to prevent the accident by safely driving the front left and right well.
Nevertheless, the Defendant did not neglect this and did not discover the victim E (the 88 years old), but instead did not find the way to the right from the left side of the Defendant’s proceeding direction to the right, and received the victim as the front side of the truck of the Defendant.
Accordingly, the Defendant caused the death of the victim by occupational negligence in a patient room in the Gu-U.S. Hospital at around 18:50 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Report on the occurrence of a traffic accident;
1. A traffic accident actual condition survey report and photographs on the scene of each accident;
1. Application of Acts and subordinate statutes to a copy of death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (from April to October) (including special mitigation persons), the area of mitigation of punishment is not subject to punishment (including serious efforts to recover damage);
2. The person is not responsible for the decision-making death of the sentence, taking into account the occurrence of a serious result;
However, the defendant's mistake is unfolded and reflected in depth, and the victim's bereaved family members and the victim's family members have reached a unanimous agreement.