Text
Defendant shall be punished by imprisonment without prison labor for ten months.
Reasons
Punishment of the crime
On April 27, 2010, the Defendant is a person engaged in driving C 24 tons car trucks, and around 08:40 on April 27, 2010, the Defendant changed the lane from the first lane to the second lane while driving the road in front of Incheon Bupyeong-gu D from the Bupyeong-gu to the flat park protection area at an irregular speed. In such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to take care of the front section and the right and the right and the right and the right and the right and the right and the safe change of the lane to prevent accidents in advance.
Nevertheless, the Defendant neglected to change the lane, and found the Frocketing taxi in driving on the right side, and took urgent action to avoid this from the time. However, the Defendant was unable to take the measure so that he was able to take a part above the left side of the truck of the Defendant, and re-drawed the top behind the left side of the said taxi.
The Defendant had a victim G (the age of 38) who was on board the said taxi due to the above occupational negligence suffered from an incurable disease, such as a scarf and pedestrian disability.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning G;
1. The victim's photograph and the actual condition survey report;
1. Application of Acts and subordinate statutes to diagnosis certificates, disability diagnosis certificates, investigation reports (commission of serious injury), investigation reports (investigation into the behavior of the victim), copies of nursing days;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 4 (1) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts.
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)
1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and
2. Application of the sentencing criteria;
(a) Determination of type: [19] Traffic, 01. General traffic accidents, [1] Injury by traffic accidents;
(b) Special contributors: Aggravation factors (serious injury); and
(c)general life-sustaining persons: mitigation factors (automobile comprehensive insurance).