Text
Defendant shall be punished by imprisonment without prison labor for one year.
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 duties of K5 cars.
On June 27, 2020, around 15:34, 2020, the Defendant proceeded at a speed of about 85.3km in speed, depending on the two-lanes of speed, from the waterside of the Geum-gu to the waterside of the Si-Eup.
At the same time, in order to carry out a bridge repair work, a two-lanes are installed to block the two-lanes and traffic signal numbers are posted, so in such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by accurately manipulating the steering direction and brakes according to the traffic conditions of the road.
Nevertheless, the Defendant neglected to do so and neglected to neglect the cell phone, and neglected to neglect to install a mobile phone, and caused the victim C, a construction worker, who installed a facility, such as safety signs, in the front side of the passenger car of the Defendant, to shock the victim C ( South and 58 years of age).
Ultimately, at around 16:34 of the same day on the same day due to the above occupational negligence, the Defendant caused the victim to die due to the long-term damage to the E Hospital located in the Yansan-gu Seoul Metropolitan City.
Summary of Evidence
1. Statement of the police concerning F of the defendant's legal statement;
1. Notification of the results of traffic accident analysis;
1. Application of Acts and subordinate statutes to the scene of death, vehicle photographs, and variable body photographs;
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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
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 [Class 2], the death of traffic accidents (special person who is a special person], the element of mitigation: no penalty is imposed (the area of recommendation and the scope of recommendation];