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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing taxi.
On March 23, 2017, the Defendant: (a) driven the road in front of the Dong-dong, Changwon-si, Changwon-si, Yangdong-gu, Changwon-si toward the private distance of both sub-duc square from the side of the school, and had the victim C (55) (55) who was unauthorized to cross the road without permission due to occupational negligence on the part on the left side of the front pande of the said rocketing or other vehicles, compared to the upper part of the front pande of the said rocketing or other vehicles.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence, which was transferred to Samsung Changwon Hospital, which was located in Samsung Changwon Hospital 158, around the same day, around 03:20 on the same day, and caused the death of the victim due to two severe injuries during treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A traffic accident report;
1. A photograph of a scene of an accident or a caps of the accident images;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The sentencing criteria [Scope of recommended sentences] the range of mitigation (two months to one year) (referring to a person who is subject to special sentencing] of the area where the victim has been negligent (including factors of mitigation) in the occurrence of a traffic accident or the expansion of damage, or reduction of punishment (including a serious effort to recover damage) (a mitigated element) of a general traffic accident;
2. As a defendant who has determined a sentence causes a traffic accident due to driving and actual loss, resulting in the death of the victim, the punishment for the crime is not minor;
However, the defendant reflects his fault in depth.
The victim's bereaved family members and the victim's bereaved family members were fully agreed, and the taxi mutual aid association seems to be compensated for damage.
The fault of the victim who illegally crossed the road is not small.
Even if the defendant has no criminal record or heavier than that of probation, it can be considered as favorable circumstances.
. Other defendant.