교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
except 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 dump truck.
On June 11, 2016, at around 16:10, the Defendant proceeded at the speed of 30 km from the direction of the construction site of the horizontal 8 construction site to the direction of the new Ambassador 30 km.
At the same time, there was a private street crossing at the front door, so there was a duty of care to prevent accidents in advance by putting a person engaged in driving of a motor vehicle on the front door and right door, reducing speed, and safely driving the motor vehicle.
Nevertheless, the Defendant neglected to do so and passed it on the right side of the Defendant’s driving side of the victim C(48 years old) driving, which passed the above intersection to the right side of the Defendant’s driving direction, received as the front part of the Defendant’s cargo vehicle.
Ultimately, the Defendant caused the victim to die due to such occupational negligence on June 14, 2016, at the Hansung-si Hospital, which was located in the 7th Geongsung-si, Geongsung-si, Geongsung-si, Geongsung-si, Geongsung-si, to death due to pulmonary pressure during the follow-up treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The actual survey report and on-site photographs;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of recommending sentencing guidelines of applicable O: consideration of all the circumstances, including the following: not only the area where the punishment of general traffic accidents is mitigated (or the death of traffic accidents) but also the area where the reduction of the punishment of general traffic accidents (or the death of traffic accidents), but also the agricultural road crossings; from the defendant's standpoint, it was not visible to the building; the deceased was responsible for the occurrence of accidents; the deceased was also liable for the occurrence of accidents