Text
Defendant shall be punished by imprisonment without prison labor for eight months.
except that the execution of the above punishment shall be suspended for 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 of B 2 cargo vehicles.
On February 3, 2020, at around 05:20, the Defendant moved the front roads of the D Pharmacy from the E apartment gate to the F apartment gate.
Since a crosswalk is installed on the front side, in such a case, there was a duty of care to confirm whether a person engaged in driving a motor vehicle has a right to drive the motor vehicle by reducing speed and by properly examining the front side and the right and the right.
Nevertheless, the Defendant neglected this and did not find out the victim G (or 75 years old) who was frighting to the port from the right side of the direction of the Defendant’s proceeding due to the negligence of bypassing it immediately, and did not find out the victim G (or 75 years old) and had the victim go beyond the road by taking the left side of the victim’s front part of the said cargo vehicle, and continued to go beyond the floor, and led the victim going beyond the floor to the front wheels of the said cargo.
Accordingly, the Defendant caused the victim's death by negligence in the above business, which was being treated by the I Hospital located in H in the Gunsan-si of the same day at around 07:50 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement to J;
1. Application of Acts and subordinate statutes to a traffic accident report (actual survey report), accident site photograph, death diagnosis report, internal investigation report (Evidence List Nos. 6, 7), investigation report (Evidence List No. 19);
1. Relevant legal provisions concerning 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, and selection of
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special sponsor]: Reduction element of punishment (including serious efforts to recover damage): Reduction element of punishment (including the recommended field and recommendation range), reduction range of punishment, reduction range of imprisonment without prison labor from April to March.