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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of a 1 ton of cargo vehicles D.
On February 5, 2013, the Defendant driven the above cargo vehicle at a speed of about 50km per hour at a point located at about 130 km from the 130 km to the east of the above salary mix, in the case of a joint signature of Sejong City, the Defendant driven the above cargo vehicle at a speed of about 14:30 meters at the speed of about 50km per hour.
At this point, it is the valley line with the center line of yellow solid lines. Since the numberless dump truck in front of the cargo vehicle was driven in the same direction, there was a duty of care to prevent accidents in advance by safely operating the operation of the brake and steering gear in accordance with the designated lane without breaking the center line, while accurately operating the brake and steering gear according to the designated lane.
Nevertheless, the Defendant neglected to do so and dump trucks in front of the Defendant was able to drive a dump truck on the opposite side by breaking the central line for overtaking and driving it on the opposite side of the victim E(55 years old) driving. The left side side of the dump truck was driven by the Defendant on the left side of the dump truck.
Ultimately, the Defendant suffered brain injury to the victim due to the above occupational negligence, resulting in death in the job.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G;
1. Reports on the occurrence of traffic accidents;
1. Application of Acts and subordinate statutes on a written autopsy;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Selection of alternative imprisonment without prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the most favorable reason for sentencing") results in the defendant's serious consequence of his death as a result of the negligence committed by the central line. On the other hand, the victim's bereaved family members and the bereaved family members have agreed smoothly, the defendant has no criminal record of qualification suspension or more, and the defendant's age, character and conduct, family environment and crime.