교통사고처리특례법위반
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
On May 1, 2013, the Defendant was a person engaged in the operation of Brobeer, who is a construction machine, and was driving the aboveer around 15:10 on May 1, 2013, and was engaged in grain adjustment work on the road near the 5th area located in the area of the mountain field in the Silsan-si, Silsan-si.
At the same time, the victim C(67 years of age) was engaged in grain rearrangement work, and it was not possible to accurately verify whether there is a person behind the street with the driver's seat and the rear mirror. In such a case, there was a duty of care to prevent accidents, such as providing a person engaged in the driver's duty of care to accurately look at the surrounding area of the log and to start the truth after informing the driver of the fact.
Nevertheless, the defendant neglected this and neglected his/her care, leading to the left-hand side of the above route and the back wheel part of the victim's head.
Ultimately, the Defendant caused the death of the victim due to such occupational negligence as the complexity of two teams at the site.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, E, and F;
1. Application of Acts and subordinate statutes to traffic accident reports, accident scene photographs, and corpse inspection reports;
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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is divided in depth with mistake, the bereaved family members of the victim are paid KRW 20 million to his bereaved family members and the victim's bereaved family members do not want the punishment for the defendant, the defendant has no record of criminal punishment for the last ten years, and the victim's negligence has partially caused damage and expansion);