교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a 5-ton cargo vehicle B.
On July 28, 2016, the Defendant driven the above cargo vehicle around 05:00, and proceeded about 80km in the speed of 131.5 km away from Seoul, the Gyeong-dong, Gyeong-gu, Daegu, Seoul, at the lower end, of 131.5 km away from Seoul, to Busan.
In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes with a person engaged in driving service.
Nevertheless, the Defendant neglected to stop and immediately discovered the C Driving D Driving Motor Vehicle, which was stopped due to the preceding traffic accident before the Defendant’s moving direction, and operated the Hand to the left-hand side to avoid this, but the Defendant did not avoid it, but did not receive it, and got the back-hand side of the C Driving Motor Vehicle to go beyond the left-hand side of the Defendant’s driving Motor Vehicle on the front-hand side of the Defendant’s driving freight.
As a result, the Defendant caused the death of the victim E (the passenger of the Defendant’s driver’s freight vehicle) (the passenger of the Defendant’s driver’s freight vehicle) by the occupational negligence at the Daegu Pacific Hospital located in 99, Daegu-gu, Daegu-ro, Daegu-ro, Daegu-ro, 06:03 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A written statement;
1. Application of Acts and subordinate statutes to autopsy records and autopsy records;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) (Article 62(2) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(2) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(2) (Article 62(1)) (Article 62(1)) (Article 62(1))