교통사고처리특례법위반(치사)등
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
The Defendant is a person who is engaged in driving a cargo vehicle more than C. 1.8 tons.
On June 11, 2018, the Defendant driven the above cargo vehicle around 10:40, and proceeded at approximately 67km/h speed in the direction of the literature center to the south East fire station in the direction of the culture and art center located in Dong-gu, Incheon.
In such a case, since the Defendant changed the progress signal of the direction to the stop signal, there was a duty of care to safely drive the vehicle by operating the front left and right well and the steering gear properly, and to prevent the accident in advance by driving the vehicle in accordance with the new code.
Nevertheless, the Defendant neglected this and went through the intersection in violation of the vehicle stop signal as it is, thereby passing through the intersection, and thereby driving in accordance with this proceeding F(60 ) by negligence.
GH100 Oral part of the left-hand part of the GH10 Oral Ba was received as the front part of the said cargo vehicle and had the victim go beyond the floor and her shocked into the front lower part of the cargo vehicle, which was in the atmosphere of the opposite part.
Ultimately, the Defendant caused the victim’s death by occupational negligence by causing the victim to suffer from the damage of sexual brain that focuses on no one in the open two areas and receiving treatment from the E Hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu. < Amended by Presidential Decree No. 28740, Aug. 21, 2018>
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to H and I;
1. A survey report on the actual situation and a report on the occurrence thereof;
1. A certificate of the disuse of an automobile with two wheels:
1. A death certificate;
1. Application of each statute on photographs;
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 (the occupation of occupational and dental doctors), and selection of imprisonment without prison labor;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general traffic accidents;