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1. The defendant shall be punished by imprisonment without prison labor for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a rocketing car.
On December 11, 2015, the Defendant driven the above car at around 08:40 on December 11, 2015, and became a U-turn at a private distance intersection where no front signal apparatus of convenience stores located in Gwangju Dong-gu is installed in Gwangju-gu.
In such cases, a person engaged in driving service has a duty of care to refrain from making an internship if it is likely to interfere with normal traffic of other vehicles.
Nevertheless, the Defendant neglected this and got the injured party to go beyond the road by taking the part on the left side of the Defendant’s vehicle of the Victim F(40) driving, which was going into the jurisdiction of the same fire station in the Dong department of Gwangju High School due to negligence.
Ultimately, the Defendant caused the death of the victim by occupational negligence in the emergency room of the Southern University Hospital prior to around 14:43 on the same day due to serious cerebral injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Application of the traffic accident report, death diagnosis report, and photographic Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of the recommended punishment according to the sentencing guidelines: Persons who are subject to special mitigation in the mitigation area of traffic accidents in the range of two types of general traffic accidents from April to October of the credit cooperative: Persons who are not subject to punishment;
2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the conditions of sentencing specified in the pleadings of the instant case, including six months of imprisonment without prison labor, two years of suspended sentence, and the age, sex, environment, circumstances, circumstances of crimes, and the circumstances after the commission of the instant case.
Unfavorable circumstances: The victim dies and the result of damage is very serious.
the terms and conditions favorable.