Text
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above sentence shall be suspended for a period of 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 CPoter II freight vehicles.
On May 31, 2017, the Defendant driven the above vehicle at around 18:00, and completed an increased work within the dry field of A located in Yongan-gun, Naman-gun, in order to cut off the vehicle.
It is a soil field that has not been packed, and the victim E (the 80-year old age) was placed behind the cargo vehicle, and in such a case, the driver of the motor vehicle has a duty of care to drive the motor vehicle safely, such as thoroughly checking whether there is no person or obstacle.
Nevertheless, the Defendant neglected this and did not discover the victim who was subsequent to the above cargo, and received the body of the victim with the left part of the cargo loaded onto the above cargo by negligence.
Ultimately, the Defendant caused the victim to have the above occupational negligence, thereby causing the victim’s death with the right plehy from the Bapo Korean emergency room located in Sinpo-si 483, Sinpo-si around May 31, 2017, at the top of Sinpo-si, Sinpo-si, Sinpo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A traffic accident report;
1. Application of the Acts and subordinate statutes of subparagraph (E) of a traffic accident scene photograph and death certificate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);
2. Determination of sentence: Ten months of imprisonment without prison labor and two years of suspended execution recognize and reflects the crime of this case, and the first offender, and the defendant agreed with the bereaved family members of the victim.