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Defendant shall be punished by imprisonment without prison labor for eight months.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.
피고인은 2015. 5. 1. 07:00경 위 화물차를 운전하여 전남 함평군 손불면 산남리에 있는 옷밥골 버스정류장 앞 편도 2차로 도로를 함평읍 쪽에서 손불면 쪽으로 1차로를 따라 시속 약 68km로 진행하게 되었다.
It is a bend road where a central line is installed, and there is an intersection where a signal apparatus is not installed in the front bank, so there was a duty of care to safely drive a motor vehicle, such as keeping the lane for a person engaged in driving the motor vehicle, keeping another motor vehicle entering the intersection, and reducing speed.
Nevertheless, in order to make a left-hand turn at the above intersection without neglecting this, the Defendant was driven by the victim D (the 57 years old) who was going in the opposite direction due to the negligence going through by the central line prior to entering the intersection, and was driven by the front part of the above cargo vehicle operated by the Defendant.
Ultimately, the Defendant caused the death of the victim in his job by occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A report on the occurrence of a traffic accident and photographs related thereto;
1. A written autopsy (D);
1. Application of the Acts and subordinate statutes on blackbox CDs;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;
1. Determination of types of crime: Death of traffic accidents in general traffic crimes;
2. Determination of the scope of sentence: Basic area, between August and June (no person specially punished: No person);
3. The more severe result of the determination of sentence has occurred, and the victim's bereaved family has not received a letter from the victim's bereaved family until now, and the defendant has entered the intersection to turn to the left without securing the right at the front time due to the cargo lane.