교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who drives a tank lorri truck.
On July 24, 2018, the Defendant driven the above truck around 13:20 on July 24, 2018, and continued to drive the 122 km road at the starting point of the Jung-gu Busan Metropolitan City, Busan Metropolitan City, Seo-do, Busan.
In this case, the driver of a motor vehicle has a duty of care to ensure the safety distance that can be avoided in the event that the driver of the motor vehicle stops well, while maintaining the safety distance that can be avoided in front of the motor vehicle.
Nevertheless, the Defendant neglected to operate the D Poter trucks in the vicinity of the C Poter drive, followed by the D Poter trucks in the vicinity of the C Poter, and got the said D Poter trucks to have the front part of the E Poter truck, followed by the F Poter Ⅱ of the E Poter truck and the HGX truck’s HGX truck’s left part.
Ultimately, the Defendant’s negligence in the course of performing such duties led to the death of the above hospital at around 14:13 on the same day, even though the victim I (the age of 68) who was accompanied by the above D Poter truck was transferred to the K Hospital located in the Gu and Si/GuJ immediately after the accident occurred.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of G, L and E;
1. The actual survey report and on-site photographs;
1. Application of Acts and subordinate statutes to death certificates and photographs of change of history;
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 selection of
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;
1. Scope of punishment by law: One to five years of imprisonment without prison labor;
2. The range of recommendation [the determination of types] according to the sentencing criteria and the range of recommendation [the determination of types] shall be the general traffic accident [the category 2] - the death of traffic accident [the special person] - the mitigation factors: the area of recommendation for non-regulation and recommendation.