교통사고처리특례법위반(치사)
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence 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 a wing and cargo vehicle B.
On January 10, 2017, the Defendant driven the above cargo vehicle around 06:40, and proceeded with a road of the Do located in the area of the Gannam-gun, the Gannam-gun, the Gannam-do, the Gannam-gun, the Gannam-do, the Gannam-do, the Gannam-do, the Gannam-do, the Gan-do, the Gan
At that time, the new wall was not sufficiently secured. In such a case, the driver had a duty of care to safely operate the steering staff by accurately operating the steering gear and steering the steering gear.
Nevertheless, the Defendant neglected this and did not discover the victim C (V, 86 years old) who walked on the road as it is, but did not discover the victim C (V, 86 years old) and had the victim go beyond the floor on the front part of the said cargo vehicle.
Defendant 1:31 on the same day, Defendant 2 caused the victim’s death by the occupational negligence as above, and caused the victim’s death by the Manpo Korean Hospital located in Sinpo-ro 483 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A death diagnosis certificate (C);
1. A traffic accident report and a report on the occurrence of a traffic accident;
1. A summary map and on-site photograph;
1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of dead bodies);
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;
2. In light of the fact that the Defendant, who was sentenced to sentence, failed to neglect his/her duty in the front direction, could have prevented the occurrence of the instant accident, and that the result of the victim’s death caused by the instant accident, the Defendant’s liability is minor.
(2).