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Defendant shall be punished by imprisonment without prison labor for eight months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving D dump trucks.
On August 31, 2012, the Defendant driven the above vehicle at around 17:40 on August 31, 2012, and proceeded ahead of the FOba (CA110) driving by the victim E (the age of 69) while driving the vehicle on the side of the bus stops in the Jasung-gun, Jawon-gun, Gowon-gun, the second bus stops in the front direction.
In such a case, a person engaged in driving service has a duty of care to safely drive by properly examining the traffic direction, speed and course of the vehicle in front, and maintaining the safety distance with the vehicle in front.
Nevertheless, the Defendant did not maintain a sufficient distance from the above dump truck, and had the victim go beyond the road by shocking the left side of the dump truck and the kump truck's penter and the kump part of the above dump truck operated by the Defendant by negligence, without maintaining a sufficient distance from the dump truck, and caused the victim's death by a low capacity shock at G Hospital around 04:25 of the following day.
Summary of Evidence
1. Defendant's legal statement;
1. Actual condition survey report and on-site photographs of traffic accidents;
1. Application of Acts and subordinate statutes of a death certificate;
1. The punishment as ordered shall be determined by taking into account the following circumstances such as the pertinent legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, the Defendant’s reason for sentencing an imprisonment without prison labor sentence, the Defendant’s vehicle is covered by comprehensive insurance, the Defendant’s deposit of KRW 10 million for the bereaved family members, etc., the Defendant’s serious result of the death of the victim due to the instant crime, and the fact that it is difficult to deem that the victim made adequate efforts for recovery of damage without reaching an agreement with the bereaved family members of the victim.