Text
A defendant shall be punished by imprisonment for three years.
However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.
Reasons
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 October 10, 2020, the defendant, around 16:45 on October 16, 2020, had two-lanes of roads on the national highways No. 34, Dong-ri, Seo-gu, Northern-si, Seocheon-gu, Incheon-si, along the two-lanes of roads from the intersection to the east of the military.
In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the front side and left side well and accurately manipulating the steering gear, etc.
Nevertheless, the Defendant failed to discover the victim C (the remaining and 56 years of age) who was trying to board a towing vehicle standing on the side by neglecting his/her duty to care for the front side and the left side, but failed to immediately stop the vehicle and stop the vehicle, even though he/she got the head of the victim to go beyond the road after driving the vehicle on the right side of the Defendant's car, and failed to take necessary measures, such as aiding the damaged person.
In the end, the Defendant caused the death of the victim at the E hospital located in Nam-gu, Nam-gu, Nam-gu, Namdong-gu, Seoul Metropolitan City on the same day due to the above occupational negligence due to the external shock caused by the depression of the body body.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F, G, H, and I;
1. A death diagnosis certificate or a photograph of a dead person;
1. Evidentiary photographs and photographs of vehicles taken out in the scene of the accident with the initial detection of such vehicles;
1. Photographss and photographs with a photo and a photoic image of a Hebboxe video;
1. Application of each protocol of seizure and each list of seizure to statutes;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;
2. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1248, Apr. 2, 201).
3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.
1. Sentence of a punishment by law;