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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving D 4.5 tons of trucks.
On August 3, 2017, the Defendant driven the above truck on August 11:17, 2017, and directed directly a two-lane of the tri-distance distance from the scopic frithm to the scopic surface of Yongjin-gun green street, the Defendant turned directly from the scopic frithm to the scopic scopic surface of Youngnam-gun.
Since there is a signal signal, there was a duty of care to prevent accidents in advance by reducing speed to those engaged in driving of a motor vehicle and driving safely by checking the front and the signal well.
Nevertheless, the Defendant neglected to drive the car and neglected to drive it on the front side while neglecting it, and neglected to drive it on the front side, and took the back part of the victim E-driving car, which was waiting for the signal at the front side of the Defendant, as the front part of the above truck.
Ultimately, the Defendant caused the death of the victim by occupational negligence at H hospitals located in Nam-si G, Nampo-si, where he had been under the treatment for transmission after around 06:00 on August 8, 2017, resulting in the death of the victim due to brain death.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to accident photographs, images-fashion photographs and death diagnostic documents;
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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.
The elements of favorable sentencing: the elements of unfavorable sentencing, such as the fact that the defendant recognized his mistake and reflects it, the fact that the bereaved family members of the victim are subject to death and agree, the victim's bereaved family members want to take a preference against the defendant, and the first offender: the case.