Text
A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving freight B and B.
On November 11, 2019, the Defendant driven the above cargo vehicle on the 11:30 on November 11, 2019, and led to the driving of the scam-ro 1396 at the Yannam-gun, Youngnam-gun, Seonam-gun, to the D village from the c village.
Since there was an intersection without a signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals by reducing the speed and by properly examining the right and the right of the road.
Nevertheless, the Defendant neglected this and proceeded on the left side of the Defendant’s cargo vehicle, and received the front wheels of the victim E (the 74 years old) driving on the right side from the Defendant’s cargo vehicle, with the left side of the Defendant’s vehicle loaded the Defendant’s vehicle.
As a result, the Defendant, due to the above occupational negligence, caused the death of the victim by blood transfusion, etc. at around 09:00 on April 16, 2020. At the same time, even though the victim’s three-wheeled Land and Transport was damaged by his repair expenses, and escaped without taking measures, such as stopping and providing relief to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to F and G;
1. A traffic accident report;
1. A death certificate;
1. Application of Acts and subordinate statutes governing accident site photographs;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after an accident) concerning the crime;
1. Selection of the punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing)
1. The scope of punishment by law: Imprisonment for not less than five years;
2. The scope of the recommended sentence according to the sentencing criteria (the decision of type) shall be the traffic crime. The escape after traffic accident (the third type) shall be the death after the escape.