교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment 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 3 freight truck.
On September 13, 2015, the Defendant driven the above cargo vehicle around 13:00, and turned to the left at about 5km each hour from the 2nd slope of the Public Security Center at Pyeongtaek-si in Gyeonggi-do to the 39km from the north-ro 39km.
Since there was no distinction between the roadway and the sidewalk, it was a side road with heavy pedestrian traffic, the driver of the vehicle has a duty of care to take care of the front side and the left side, to accurately manipulate the steering system and the brake system, and to prevent the accident from occurring.
Nevertheless, the Defendant neglected to do so and did not discover the Victim G (V, 66 years old) crossing the road to the port from the right side of the trucking direction of the Defendant, and did not proceed to the right side of the freight of the Defendant, thereby facing the Defendant’s fault.
Ultimately, at around 10:34 on September 17, 2015, the Defendant caused the death of the victim at the I Hospital located in Pyeongtaek-si H of Gyeonggi-do due to the above occupational negligence, due to the cerebral cerebral ma from the external cerebral tymosis.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Determination on the application of the sentencing guidelines of Article 62-2 of the Criminal Act for the reasons of sentencing under Article 62-2 of the Act on the Protection and Observation: To take into account all circumstances, such as the fact that the basic area of the sentencing guidelines of applicable O: Type 2 (Death by Traffic Accidents), the basic area of the two types of general traffic accidents (from August to June), O's death accident involving many pedestrians, the victim's bereaved family does not want the punishment of the defendant, the defendant suffers from kidne disease and there is no criminal history;