Text
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of five tons or more of food collecting Category C.
On January 6, 2015, at around 01:35, the Defendant driven the above cargo vehicle, leading to the road next to the 303-dong apartment 303, which is in effect automatic in Chuncheon-si, to the separate collection place on the right side of the apartment.
At the same time, there was a low temperature of the wind as the new wall time, and there was no green belt with the snow that was previously set, and the foregoing cargo vehicle can be easily cut off on the ice ice ice path due to the body of the vehicle. In such a case, the driver has a duty of care to accurately operate the steering and brakes and to safely proceed by controlling the speed in advance.
Nevertheless, the defendant neglected this and proceeds as it is.
At the same time, it was caused by the negligence that caused the ice ice sprinking of the above cargo vehicle, the front wheel part of the front wheel part of the above vehicle, and the victim D (the age of 61) who was on board the work board after loading the cargo in the front wheel part of the above vehicle, caused the victim D (the age of 61) who was on board the work board to go away from the floor to the ground.
Ultimately, the Defendant caused the victim’s death by occupational negligence on January 8, 2015, at the Gancheon-si Hospital located in Chuncheon-ro 77, Gancheon-si, Gancheon-si, Gancheon-si, to die with brain cerebral Bribery.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. The application of Acts and subordinate statutes to each actual survey report and death diagnosis report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. The range of recommended sentences according to the sentencing guidelines [criminal types] shall not be punished for the death of traffic accidents in general traffic accidents (special mitigation factors].