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 train truck with the early 4.5 tons of modern 4.5 tons.
On June 19, 2017, around 13:45, the Defendant turned down the truck within the fright field adjacent to the D cafeteria located in Gwangju Mine-gu C.
On the back of the loading box of the above truck, it is difficult to see the rear side of the driver's seat, and there is a victim E (57 years old) in the law field at the time, so in such a case, a person engaged in driving business has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle while looking at the rear side and the left side of the motor vehicle.
Nevertheless, if the defendant neglected to do so and did not find the victim who was on the rear side of the truck, but went over to the right side of the truck with the rear wheels and loaded with the rear wheels, and then the defendant served with the rear wheels.
Ultimately, around June 19, 2018, around 16:07, the Defendant caused the death of the victim due to damage to the scarcity in Gwangju-dong University Hospital, which is located in Gwangju-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. G statements;
1. A traffic accident report (1) (2) (2)
1. A death certificate;
1. Application of the statutes governing traffic accident-related photographs;
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, and the selection of imprisonment without prison labor;
1. In light of the following circumstances: (a) the occurrence of the instant traffic accident caused by the Defendant’s cause for sentencing under Article 62(1) of the Criminal Act, which led to the occurrence of the occurrence of the victim’s death; (b) the Defendant’s driving vehicle is covered by a comprehensive motor vehicle insurance; and (c) further agreement is made with the victim’s bereaved family members; and (d) the Defendant has no record of investigation or punishment prior to the instant crime.