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Defendant shall be punished by imprisonment without prison labor for eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a C Eth Freight truck.
On August 1, 2013, the Defendant driven the above cargo vehicle around 08:26, and led to a three-lane road of 2.4 km away from the Busan Fung-gu, which is instigates the Fung-gu, Busan, along the three-lane road.
In the same direction as at the time, since the driving of D(63 years old) would follow the behind the E-car truck of D(63 years old), there was a duty of care to live well and secure safety distance as a person engaged in driving service.
Nevertheless, the defendant neglected this and tried to narrow the distance due to the slowly running of the above car and freight cars, and to change the course to the two-lanes of damage, so that the speed is not reduced, and the left-hand corner part of the above car and freight cars was shocked on the right-hand side.
Accordingly, the Defendant caused the death of the victim F (the age of 38) who was in company with the head of the Defendant’s vehicle due to the above occupational negligence, due to the diversified damage.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Protocol of the police statement concerning G;
1. Application of Acts and subordinate statutes concerning autopsys;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's reason for sentencing under Article 62(1) causes a traffic accident due to a breach of duty of care, such as ensuring safety distance, and that the victim and his/her family members are not able to take care of the victim's bereaved family members, etc., which
On the other hand, the defendant was the first offender with no criminal power, the defendant also suffered an injury that requires approximately eight weeks of medical treatment due to the clibation of the traffic accident in this case, and the defendant deposited KRW 15,000,000 for the victim's bereaved family members.