교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight 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 who is engaged in driving of a excavated machine B.
At around 06:20 on July 4, 2020, the Defendant driven a road near the down-distance of the high-speed rail located in Jin-gu, Jin-gu, Jin-si, Jin-si, and led to the rapid speed from the Cmiddle bank to D influence.
Since there was a bicycle for the victim E(82 years old) driving prior to the time and there was no two-lane distinction, a driver has a duty of care to inform the person engaged in driving of the overtaking of the overtaking of the overtaking of the fact of warning by light, etc., to maintain a safe distance from the bicycle, to check the safety of the course, to accurately operate the steering and brake system, and to prevent the accident in advance by safely driving the vehicle.
Nevertheless, the defendant neglected this and caused the victim to go beyond the road by shocking the left side of the bicycle driven by the victim to the right side of the excavated machine.
Ultimately, around 00:01 on July 6, 2020 on the above occupational negligence, the Defendant caused the death of the above victim at the Busan National University Hospital Central Patients' Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (including the fact that a person has not been sentenced to imprisonment or heavier punishment, the fact that he/she has agreed with the bereaved family members of the victim, the fact that he/she has reflected therein, and the
1. Social service order under Article 62-2 of the Criminal Act;