교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight 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 the business of driving Category C E-II cargo vehicles.
On December 25, 2013, the Defendant driven the above cargo vehicle on December 10:45, 2013, and driven the two-lanes of the third-lane road of the Busan Metropolitan City Highway, located on the west-gun of Busan Metropolitan City, at a speed of about 80km from the Busan to the Ulsan Metropolitan City.
At the same time, the Eggal gallon, which the victim D drive, stopped due to the malfunction, and the victim's driver F, etc., sent a hand signal. In such a case, the driver was obliged to pay a duty of care to prevent accidents by accurately operating the ballon and operating the brake system.
Nevertheless, the Defendant neglected to do so and proceeded with the gallon of the above gallon, and the part behind the above gallon of the above gallon was collisioned with the front part of the above gallon of the above gallon, and the above gallon was tightly pushed the victim who was in the front part of the above gallon and was tight
The Defendant caused the victim to die in the same place due to a scarcity damage due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Statement on the occurrence of G traffic accidents;
1. Application of Acts and subordinate statutes concerning autopsys;
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. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the agreement with the bereaved family members of the victim, the fact that vehicles of the defendant are covered by comprehensive insurance, the fact that there is no particular criminal history, and the fact that the error is recognized);