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Defendant shall be punished by imprisonment without prison labor for eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving freight B.
On November 17, 2014, the Defendant driven the above cargo vehicle at around 17:50, while driving it along the two-lanes in front of the D Funeral Home in the Doksan City, following two-lanes from the end of the arms to the end of the gold-line.
At the time, at night and there was a crosswalk in front of the direction of the defendant's proceeding, in such a case, the driver had a duty of care to see the front room well, and accurately manipulate the steering gear and the brake system to prevent the accident in advance.
Nevertheless, the Defendant did not discover the victim E (the age of 77) who was negligent in neglecting the front-si, and instead did not discover the victim E (the age of 77) on the red pedestrian signal, and received the victim in front of the left-hand side of the Defendant vehicle.
Ultimately, the Defendant caused the death of a victim at the Ganwon University Hospital located in Yansan-si, around November 10, 2014 by occupational negligence, due to the suspension of cardiopulmonary function by brain death.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A death certificate;
1. Application of the 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 stay of execution (reasonable consideration, such as the one in which he/she commits an error and the one in which he/she agreed with the bereaved family members of the victim);