A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a person who is engaged in driving of the vehicle B at low price.

On June 9, 2019, the Defendant driven the said car on June 11:10, and driven the two-lane road in front of Pyeongtaek-si C at the speed of about 70 km per hour depending on one-lane from the inner side of the shooting distance.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, the Defendant neglected this and was negligent in driving the center line, and the part of the front part of the victim D (the 65-year-old truck) driveed in the opposite opposite lane, EPoter II, which was driven by the Defendant, was the front part of the vehicle driving.

결국 피고인은 위와 같은 업무상 과실로 피해차량의 동승자인 피해자 F(72세)을 다발성 골절 등으로 현장에서 사망에 이르게 하고, 위 피해자 D에게 약 8주간의 치료를 요하는 무릎뼈의 골절 등의 상해를 입게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, photographs on the scene of an accident, death certificate, and medical certificate (D);

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the corresponding Act on Criminal Facts, and Article 268 of the Criminal Act (the occupation of death by occupational negligence and the injury by occupational negligence);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Although the sentencing criteria are not applicable since the scope of the recommended sentencing criteria overlaps with each other, the scope of the recommended sentencing criteria are not applicable.

(a) Class 1 crime [Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents] [Determination of Punishment] Traffic Accidents (Type 2] and there is no person causing a traffic accident (special person) (the scope of recommendations and recommendations). The basic area and imprisonment without prison labor.