교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
The defendant is a person who is engaged in C concrete mixing trucking service owned by the Dong name Trust Co., Ltd.
On April 10, 2014, at around 10:15, the Defendant turned back from the surface of the 102-dong-Dong and 104-dong-dong-gu, Ulsan Metropolitan City to the non-speed speed of 103 roads.
As above, the Defendant had a duty of care to prevent accidents by accurately manipulating the steering system, brakes and other devices as the driver of the vehicle as the site of apartment construction at the site of apartment construction. The Defendant had a duty of care to prevent accidents.
Nevertheless, the Defendant neglected to do so and cut off the victim E (the age of 55) who was on the rear side of the above truck, and served the victim’s plebing part, light part, and inside part of the above truck with the rear wheels of the above truck, and caused the death of the victim on that part.
Ultimately, the Defendant caused the death of the victim in the workplace due to the high level of injury to two parts due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to F and G;
1. A traffic accident report;
1. Each traffic accident report;
1. Application of the Acts and subordinate statutes of each body of autopsy;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Sentencing sentencing criteria [Scope of Recommendation] General traffic accident Type II (Death resulting from Traffic Accidents) (4-10 months) (special mitigation) and no penalty shall be imposed;
2. The Defendant: (a) while driving a truck, caused the death of the victim on the job by shocking the victim by negligence in the course of business that neglected the duty of care in the front and rear direction; and (b) considering the fact that the victim died due to the instant accident and the result of the death was prevented, the Defendant’s liability for the crime is not exceptionally against the victim.
Provided, That a truck driven by the defendant shall be the same.