교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for 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 B Poter cargo vehicles.
On December 19, 2018, the Defendant driven the above cargo vehicle on December 12:00, and led to the progress of the D charging station, which is located in the Gyeong-si, Chungcheongnam-si, Chungcheongnam-si, and the front of the D charging station, to the erode ebbbbb from the eb
A person engaged in driving of a motor vehicle has a duty of care to reduce speed and to properly manipulate the steering direction and brakes and prevent accidents by accurately manipulating the steering direction and brakes.
Nevertheless, the Defendant neglected this and failed to properly operate the brakes, and led the victim E(the age of 86) driving the bicycle side of the victim E(the age of 86) driving who changed the course to a first-lane, while driving in a third-lane radius from the scopic scopic scopic scopic scopic scopic scopic scopic scops.
Ultimately, around 06:00 on December 23, 2018, the Defendant caused the death of the said victim due to cerebral cerebral cerebral cerebralop (cerebral injury) while receiving treatment at a G hospital located in the Republic of Korea-U.S., North America on the part of the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition survey report;
1. On-site photographs and photographs by capturing up on-site images of the 1st class black picture;
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;
1. Application of the sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of suspended sentence [decision of types] The general traffic accident [Type 2] the mitigation element of traffic accident [including a person who has been specially punished] death [including a serious effort to recover damage], the mitigation range of punishment [the scope of recommendation and recommendation], the decision of imprisonment without prison labor for April to one year - the disadvantageous circumstances: The fact that a serious result of the death of a victim has occurred - the fact that a mistake is recognized and reflected in favorable circumstances, and Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents.