교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving of strawls B, a construction machinery.
On April 1, 2017, the Defendant was running a roller in front of the Tri-distance Road Packing at the city of Nasi-ro 5419, Nasi-ro, Nasi-ro, Nasi-ro, Nasi-ro, Nasi-ro, Naju-si, and repeated the operation of the roller, leading to a power failure, and spraying on the road, which led to a rapid speed of about 5 km.
It is a three-distance road that vehicles pass through, and the stringer has a blind spot due to the height of the body of the vehicle, so when moving back, the control of the signal number is followed, and there was a duty of care to check whether there is a vehicle in the rear side and prevent the accident in advance.
Nevertheless, the Defendant neglected this and failed to find out the DNA motor bicycle for the victim C (54 aged) who was stopping after the roller in order to turn back from the main bus terminal to the Gwangju bank due to the subsequent negligence even though it was difficult for the signal number to control vehicles in other locations, and failed to find out the DNA motor bicycle to be driven by the victim C (54 older) and caused the front part of the bicycle with the back wheels of the roller's right side.
Ultimately, around April 17, 2017, the Defendant caused the death of a victim due to serious brain injury, etc. caused by negligence in the course of business as seen above.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. Application of Acts and subordinate statutes, such as a fact-finding survey report, each traffic accident evidence evidence photograph, death diagnosis report, investigation report (Correction of accident time), CD (booming video, etc.);
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. The fact that confessions and reflects the reasons for sentencing under Article 62(1) of the Criminal Act, the fact that only the victim has agreed with the victim, and there is no history of criminal punishment.