Text
1. The defendant shall be punished by imprisonment without prison labor for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On September 3, 2013, the Defendant driven B truck on September 18:25, 2013, and proceeded with a one-lane road in front of the entrance of the Hancheon-gu, Chungcheongnam-do, Chungcheongnam-do, the Sincheon Middle School, while driving from the Ycheon Middle School to the third drawing, and was under the occupational negligence of the victim C (W, 76 years old) who entered the road from the right edge of the course to the road, and received the electric wheelchairs of the victim C (W, who entered the right edge of the road) from the back side of the truck left side of the Defendant’s truck.
As a result, the Defendant caused the victim to die due to low-tension shock at around 18:57 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Each entry in the actual condition survey report, each photograph, and death diagnosis report, or the application of the video-related Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);
2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type II (Crime of Recommendation] Reduction Area: Imprisonment without prison labor for a period of four months from April to October: Unlimited factors of punishment for special mitigation / None of special aggravation factors:
3. Determination of sentence: Six months of imprisonment without prison labor;
4. Whether or not the suspension of execution is positive for two years (major reasons for the suspension of execution): Partial negligence of the victim, non-conformity with punishment, and negative results of criminal punishment: Death [General reasons for the suspension of execution] positive: There is no serious reflective result (comprehensive comparison and evaluation] considering the above main reasons for the suspension of execution as well as all the circumstances shown in the general participation reasons and arguments, the suspension of execution accompanied by probation and community service order, such as the order, within the scope of recommendation, shall be sentenced.