Defendant shall be punished by imprisonment without prison labor for three years.

Punishment of the crime

On January 14, 2018, the Defendant driving a F Twitter with around 05:40 duties, which led to the run of the F Twitter in the vicinity of the budget group in the front of G in iasan City with one-lane from the discharge of the budget group to the discharge of the hot spring basin.

At the time, pedestrians were brut around the road before sunrise and there was a significant width of the Track loaded Track. In such a case, a person who is engaged in driving of the Trackter has a duty of care to safely drive the steering gear so that pedestrians do not go against it by accurately manipulating the steering gear while accurately operating the steering gear.

However, the Defendant neglected this and got a neighboring resident H (V and 76 years old) who walked on the right side of the course of the course of the course due to negligence in the course of the business, which led to the death of the victim due to multiple wounds, etc. at around that time.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made to I by the police;

1. Reports on traffic accidents and investigation reports (Attachment of Track photographs);

1. Application of the photographic Acts and subordinate statutes;

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 2 (Death, etc. of Traffic Accidents) (the scope of recommended punishment] and the basic area of recommendation, the imprisonment without prison labor for not less than eight months, but not more than two years;

2. The fact that the Defendant’s decision of sentencing is against his will to recognize his mistake, and that he had no record of criminal punishment prior to the instant case is favorable.

However, this case is different from the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death or Injury).

In this case, the defendant who is the driver of the vehicle has caused the death of the victim by his occupational negligence.