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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year 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 Poter cargo vehicles.
On February 17, 2016, the Defendant driven the above cargo vehicle around 10:05, and proceeded at a speed of about 80 km from the side of the back of the Pungju-gun, the end of the 4th parallel of the peace between the 2065 and the end of the 80km in the speed of the Pungju-gun.
At the time, some of the roads were iced due to the snow that occurred around that time, so there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing the speed and properly operating steering devices and brakes.
그럼에도 불구하고 피고인은 이를 게을리 한 채 고속으로 주행한 과실로 결빙된 도로에 미끄러져 그 곳 우측에 설치되어 있던 방음벽을 위 화물차의 앞부분으로 들이받고, 그 충격으로 우측으로 회전하는 위 화물차에서 튕겨 나간 피해자 C( 여, 58세 )으로 하여금 같은 날 16:28 경 전주시 덕진구 건지로 20에 있는 전 북대학교병원에서 저혈 량성 쇼크 등으로 사망에 이르게 하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and evidence and photographs of the scene of a traffic accident;
1. A report on internal investigation (related to actual investigation, such as an accident scene);
1. Application of Acts and subordinate statutes of a death certificate;
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 the selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents No. 2 (Death by Traffic Accidents) (In April to October), the mitigation area (person with a special mitigation) [Article 62(1) of the Act on the Suspension of Execution] [Article 62(2) of the Act on the Suspension of Execution [Article 62(1)] (Article 62(1) [Article 62(2) of the Act on the Suspension of Execution: From April to October [Article 4] - The occurrence of serious results (Death) - The circumstances favorable to the defendant: The person with