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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person engaging in driving of cargo vehicles as D.
On August 1, 2018, the defendant, around 12:50, had two lanes from the two lanes of the national highways next to the 4th two lanes of the national highways from the pentcheon-do to the 75km-do.
In this case, there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle with a duty of care to live well on the front side and the left side and safely.
Nevertheless, the Defendant neglected this and stopped the front door, and neglected to stop on the two-lanes at the time, and stopped and loaded the Epoter vehicle, and received the Victim F (61 tax) from the front side of the Defendant’s driving vehicle.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, immediately after the accident.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on internal investigation (the sequence 16 of the evidence list);
1. A traffic accident report and a description of photograph;
1. A photo of the corpse and a protocol of inspection;
1. Application of Acts and subordinate statutes of a 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;
2. Grounds for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.
1. Reduction elements of the recommended punishment according to the sentencing guidelines [the types of decisions] to the extent of the recommended punishment [the scope of the ordinary traffic accident [the person who is subject to special sentencing] to the extent that there are substantial negligence on the occurrence of traffic accidents or the expansion of damage, the victim is not subject to the punishment (including the recommended area and sentence] [the mitigated area of the punishment], the reduced area of the imprisonment without prison labor for not less than two months and not more than one year (the lowest sentence range shall be mitigated by not more than 1/2 since there are not less than two special mitigations];
2. A traffic accident by negligence, in which the defendant neglected his/her duty of presentation on the front line;