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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On June 2, 2020, the Defendant is a person who is engaged in driving of B-III cargo vehicles. On June 2, 2020, at around 06:05, the Defendant driven the above cargo vehicles and proceeded to the intersection from the vicinity of the YYT, the two lanes in front of D-C in the 196:05, along with the two lanes in front of D-C.
At the time, FCA110 Oba, which is driven by victim E (Nam, 69 years old). In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and operating the steering gear for the driver of the cargo vehicle, by making it possible for the driver of the truck to live well, by ensuring the safety distance with the front vehicle, by securing the safety distance with the front vehicle.
However, while neglecting the above duty of care, the Defendant did not properly see the ozone part of the victim's driving, and did not see the part of the cargo vehicle's driving by negligence, so that the victim exceeded the ground by shocking the back part of the left side of the vehicle's driving by the defendant.
At around 10:32 on October 14, 2020, the Defendant caused the victim to die from the G hospital located in the Macheon-si due to the shock of the transfusion, etc. by occupational negligence.
Summary of Evidence
1. Application of the Defendant’s legal statement, medical certificate, death certificate, investigation report (Attachment to accident video CDs), on-site photographs of investigation reports (CCTV video viewing), and on-site surveys of traffic accidents (1) (2) to the Act and subordinate statutes;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;
2. Determination of sentence: 8 months of imprisonment without prison labor, two years of suspended sentence, and a compliance driving lecture;