Text
Defendant shall be punished by imprisonment without prison labor for six 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 of B Poter cargo vehicles.
On March 26, 2020, around 20:54, the Defendant came to proceed with a 1084 local road located in 1084, which was located in Gohap-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Jeoncheon-do, in the direction of the intersection in the middle of the quarter.
At the time, there was a duty of care to prevent accidents in advance by driving safely, such as reducing the speed for persons engaged in driving a motor vehicle and operating the system well by checking the right and the right and the right of the motor vehicle.
Nevertheless, the defendant neglected his duty of care and failed to operate the operation of the dong and steering gear accurately, and thereby, the victim C (70 years of age) was placed on the roadway at the front of the defendant's driving vehicle.
Ultimately, the Defendant caused the victim's death by occupational negligence at around 21:41 on the same day at the E Hospital located in Gohap-gun D, Namcheon-gun, etc.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement or written death diagnosis;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person], the element of mitigation of punishment: In the area of reduction of punishment [the scope of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and April through one year;
2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.
However, the defendant's mistake is recognized and against his own mistake, the fact that the victim's bereaved families have agreed smoothly with the victim, and the first offender are considered in favor of the defendant.