교통사고처리특례법위반(치사)
1. The defendant shall be punished by imprisonment without prison labor for eight months;
2. Provided, That 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 who is engaged in driving a 4.5 tons of cargo vehicle B.
At around 10:55 on June 28, 2016, the Defendant driven the above vehicle and moved at a sponsorging area from the window to the parallel 148.8km of the mid-to long-term inland Highway, which is in a shaking of gold spon.
At all times, there is a dangerous motorway due to the frequent passage of vehicles and the high speed of speed, so the person engaged in driving of a motor vehicle has a duty of care to prevent accidents by keeping the front door well and safely in response to the road situation.
Nevertheless, the defendant neglected to operate a mobile phone and proceeded with it without properly examining it, and caused the collision between the left-hand side of the vehicle in the C-Woo-to-face and the left-hand side of D-Woo-to-face and D-Woo-to-face in front of the vehicle, which he repaired the vehicle at the vehicle company's front right-hand side, and conflict with the victim E(46 years old)'s right-hand body that he repaired the vehicle.
Ultimately, the Defendant caused the victim's death due to the above occupational negligence due to the decrease in the blood amount, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to F and G by the police;
1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, the actual survey report, the scene of accidents, photographs of the scene of accidents, the body autopsy report, and the postmortem
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the bereaved family members of the victim do not want the punishment of the defendant in agreement with the bereaved family members, and the first offender, etc.);