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 a period of 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 C-III truck.
On December 2, 2017, the Defendant driven the above cargo vehicle around 09:25, and got the front of the road in the Do of South South Do to go through the front of the road in the Do of North Do from the outside of a mountain site to the outside of a funeral funeral room.
그곳은 편도 1 차로 도로로서 중앙선이 표시된 앞 지르기 금지 구간이며 마침 진행 차로 전방에는 피해자 F(82 세) 이 G 효성 랠리 오토바이를 운전하여 진행하던 중이었으므로, 이러한 경우 운전업무에 종사하는 사람에게는 전방 차량의 동정을 잘 살피면서 차로를 준수하여 안전하게 운전하여야 할 업무상의 주의의무가 있었다.
Nevertheless, the Defendant neglected this and discovered a vehicle coming from the center line in order to overtake the above Oral Sea, and immediately returned to the lane, and received the victim's left side part of the vehicle's left side of the said cargo vehicle from the negligence of returning the vehicle back to the same lane, and caused the victim to suffer a serious cerebral typ in which there is no address in the two parts open to the road, and thereby caused the victim's death from the waste collection caused by the external cerebral cerebral ties by the I hospital located at H around 09:48 of December 10, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police to J;
1. A death diagnosis certificate (F);
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes to photographs and photographs in the course of traffic accident inspection, on-site photographs, on-site photographs, on-site examinations of traffic accidents, or by taking photographs of reporters' booms, and by checking traffic accidents;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Application of the sentencing criteria [the scope of the recommended punishment] General Traffic Accidents Type 2 (Death and Injury caused by Traffic Accidents) (from April to one year).