교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for four 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 is engaged in driving of freight vehicles B 14 tons.
On September 26, 2019, the Defendant driving the above cargo vehicle at around 06:56, and proceeded to turn to the left from the intersection of “D” in the Seo-gu Incheon, Seo-gu, Incheon.
At all times, since the crosswalk is an adjacent intersection, a signal signal for driving has been transmitted to a person engaged in driving service.
Even if an accident was caused by accurately manipulating the steering direction and brakes in preparation for pedestrians, bicycles, and off-to-land drivers, there was a duty of care to prevent accidents.
Nevertheless, the Defendant neglected this and did not see the front side, and did not discover the victim E (the age of 56) who was going to cross the front side of the said cargo vehicle without permission, and did not see the front side of the said cargo vehicle, and did not shock the part of the victim's body with the front part of the cargo vehicle.
Ultimately, the Defendant caused the death of the victim by the above occupational negligence in G Hospital located in Jung-gu Incheon, Jung-gu, Incheon, where the victim was under the follow-up treatment at around 11:43 of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. The police statement of H;
1. A report on the occurrence of a traffic accident and a report on actual condition of a traffic accident;
1. Application of the Acts and subordinate statutes for investigation reporting;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. The range of recommendation [the determination of types] according to the sentencing guidelines shall be limited to the general traffic accident [the category 2], the death of a traffic accident [the special person]. The mitigation element shall also be limited to the victim where there is a substantial fault in the occurrence of a traffic accident or the expansion of damage (including efforts to recover the damage).