교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for ten 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 of freight cars as C.
On December 26, 2013, the Defendant driven the above cargo vehicle on December 11:15, 2013, and led to the flow of the road in front of the E-do located in G in G in G in G in G in G in G in G in G in terms of gender maintenance.
It is a place where traffic congestion is not divided into a factory-populated area and a vehicle parked on the side of the road, so the defendant engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle safely by thoroughly taking the duty of care.
Nevertheless, the Defendant failed to discover the bicycles driven by the victim F (year 57) who entered the road in a series of the right-hands of the marina road due to the negligence of neglecting this, and received the bicycles from the victim with the front right-hand part of the cargo vehicle of the Defendant.
Accordingly, the defendant caused the victim's death due to the above occupational negligence due to the long-term damage to the chest body in the workplace.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the evidence list Nos. 2 to 4 and 7 to the evidence list submitted by the prosecutor
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Selection of alternative imprisonment without prison labor;
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 [Scope of Recommendation] General traffic accident [Article 62-2] The following factors are taken into account: (a) the mitigation area (Article 2) [Special Mitigations] (Article 4-10 months) [including a serious effort to recover from damage], confessions and reflects [Article 62-2], (including a serious effort to recover from damage]; (b) there has been no same criminal records while engaging in cargo transport business for more than ten years; (c) the victim's bereaved family members do not want to be punished by the defendant under an agreement with the victim's bereaved family members; and (d) the victim