Text
Defendant shall be punished by imprisonment without prison labor for six months.
Reasons
Punishment of the crime
[Criminal Power] On July 17, 2014, the Defendant was sentenced to a suspended sentence of six months for violating the Petroleum and Petroleum Substitute Fuel Business Act at the Suwon District Court, which became final and conclusive on July 25, 2014, and is currently under suspended sentence.
【Criminal Facts】
The defendant is a person who is engaged in driving a dump truck with D 25.5 tons.
On March 3, 2015, the Defendant driven a dump truck above 08:10 on March 3, 2015, and led the Fump truck in Chungcheongnam-nam Budget E to proceed from the direction of the budget.
Since there is an intersection where the signal of yellow dust is installed, there was a duty of care to safely enter the intersection and prevent accidents by safely checking whether or not there is a vehicle that is trying to enter the intersection while driving at the speed prior to the intersection by reducing the speed of the passage.
Nevertheless, the Defendant neglected to do so and did not temporarily stop prior to the entry into the above intersection, and caused a dump truck’s main part, which was driven by the victim G (the age of 26) who was straight from the mastam on the side of the mastam, and dump truck’s main part, etc., driven by the Defendant, with the front wheels of the dump truck.
As a result, the Defendant suffered from the injury of the victim, such as double alleys, due to the above occupational negligence, and caused the death of the victim from cerebral alley in the I Hospital at around 08:39 of the same day.
Summary of Evidence
1. Partial statement of the defendant;
1. A report on traffic accidents and a report on actual condition;
1. Comprehensive traffic accident analysis replies;
1. On-site photographs;
1. Application of Acts and subordinate statutes on a written autopsy;
1. Determination as to the Defendant’s assertion of the relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act
1. The gist of the Defendant’s assertion is that the Defendant’s driver’s vehicle at the time of the instant case.