교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment 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 driving the Ma-a-fa-fa-fa-fa-fa-fa7
On April 14, 2016, the Defendant driven the above cargo vehicle on April 14, 2016, and turned back the front road of Cheongi-ro 381, 381, Cheongi-ro, Cheongi-ro, Cheongi-ro, to the right of way to the vehicle on the Mai-ro, while moving back the road to the 36th-ro, Cheongi-ro, Cheongi-ro, Cheongi-do.
A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system of the motor vehicle and operating the motor vehicle.
Nevertheless, the Defendant neglected this and did not discover the victim C (M, 84 years old) who was walking at the right side of the right side of the afterward road after the afterward due to the negligence of the Defendant, and did not discover the victim C (M, 84 years old) and shocked the victim with the rear part of the above cargo, and caused the victim to shock the part of the cargo vehicle and the rear outer wall.
Ultimately, the Defendant caused the death of the victim from the above occupational negligence, i.e., the two colons.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a survey report on the actual condition and a corpse 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The punishment shall be determined as ordered in consideration of the following: (a) the mitigation area (4 months to one year); (b) the mitigation area (including special mitigation persons); (c) the punishment of non-wons (including serious efforts to recover from damage); (d) the defendant's negligence is large; (e) the victim's representative and bereaved family members have agreed smoothly; and (e) the family members have family members to provide support;