교통사고처리특례법위반(치사)등
A defendant shall be punished by imprisonment for not less than 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 Category C truck.
On October 10, 2017, the Defendant driven the above truck without a driver's license on October 10, 2017, and turned forward the front way D from the Cheongyang-si to the two valley village.
Since there was a narrow road width, there was a duty of care to care in advance to prevent accidents by accurately manipulating the steering direction and brake system in a prior way, if there was a vehicle driving on the opposite side to those engaged in driving service.
Nevertheless, the Defendant neglected to do so and got off the off-to-land driven by the injured party E (64) due to the negligence in the course of the business, which is driven without the driver's license, as part of the front part of the Defendant's truck, and caused the death of the injured party due to cerebral damage.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A death certificate;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
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 (the occupation and real negligence caused by traffic accidents, the choice of imprisonment without prison labor), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;
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. Scope of the recommended sentences according to the sentencing criteria;
(a) Two types of general traffic accidents (Death or injury caused by traffic accidents), the scope of which is to be recommended, shall be mitigated (from April to one year);
(b) Non-existence of punishment for special mitigation (including serious efforts to recover damage);
C. However, since the sentencing criteria are not set for the crimes of violating the Road Traffic Act (unlicensed driving), only the lower limit of the above sentencing range shall be considered.
2.The circumstances and the age, environment of the defendant as shown below in the sentence of sentence: