교통사고처리특례법위반(치사)
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 dump truck driving.
On March 3, 2017, the Defendant driven the above truck on March 10:35, 2017, and proceeded with 108-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-
In this case, a person engaged in driving service of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering gear and prevent accidents in advance.
Nevertheless, the Defendant neglected to stop on the signal atmosphere while reporting that the vehicle signal apparatus has been replaced with green, and did not discover the victim C (V, 80 years old) who was cutting the crosswalk in the red signal signal of the pedestrian signal apparatus, but did not find the victim C (V, 80 years old) over the road by receiving the victim from the front right part of the truck.
Ultimately, the Defendant caused the death of the victim at the Yong-Namnam University Hospital located in Daegu-gu, Daegu-gu, 14:38 on the same day due to the above occupational negligence, such as low blood transfusion shock.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to the survey report and death certificate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area of mitigation (from April to one year) (the person who is subject to special sentencing] is not subject to punishment;
2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.
Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.
e.beliable;