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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.
Reasons
Punishment of the crime
The Defendant is a person engaged in modern 4.5 tons dump trucks.
On December 7, 2016, the Defendant driven the above vehicle at around 09:40 on December 7, 2016, and led to the flow of the assigned bridge in the repair of the Eup assigned to Chungcheongnam-gun, Chungcheongnam-do, along the Seocheon-do, along the two-lanes of the two-lane.
There is a duty of care to prevent accidents by reducing speed and operating a steering gear and brakes accurately, since it was difficult for the driver of a motor vehicle to flick the surface due to the cost of unloading a bridge and the driver of a motor vehicle.
그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로, 사고차량을 견인하기 위해 위 부여 대교 1 차로에 정차 중이 던 C 수성 봉고 3 언더 리프트 렉 커 차량을 뒤늦게 발견하고 브레이크를 밟았으나 빙판길에 피고인 차량이 미끄러지면서 위 렉 커 차량의 왼쪽 뒷부분을 피고인 차량 오른쪽 앞부분으로 충격하고, 그 충격으로 인해 다시 위 렉 커 차량이 앞으로 튕겨 나가 선행사고 처리를 위해 도로에 서 있던 피해자 D(72 세) 의 몸을 충격하였다.
Ultimately, due to the above occupational negligence, the Defendant caused the victim D’s death at the hospital granting dryyang University Hospital around 10:39 on the same day due to the low-blood shock.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes of a death certificate;
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Traffic Accident No. 2 (Death by Traffic Accidents), the mitigation area (4 to 1 year), [the person who is specially mitigated] who is not subject to punishment (including efforts to recover damage] [the decision of sentence] victim due to the instant accident.