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Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
Reasons
Punishment of the crime
On April 11, 2015, the Defendant driven a CDamma vehicle owned by the Defendant, and led the front road of the E-cafeteria located in D of the Busan Simpo-gu to the direction of the Gumpo-dong from the direction of the Simpo-dong.
A person engaged in driving service has a duty of care to check whether there is a person who gets on the way to see well the right and the right of the crosswalk at the place where the crosswalk is installed, and to drive safely.
Nevertheless, the Defendant neglected to do so and proceeded along as it is, and the Defendant got out of the right side of the direction of the Defendant’s course, the Victim F (W, 80 years old) who was standing on the left side of the direction of the Defendant’s vehicle.
Ultimately, around 17:55 on April 11, 2015, the Defendant caused the death of the victim due to a traffic accident at the H Hospital located in Geum-gu G in Busan Metropolitan City due to damage to the head, breast, and fry.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement of the police officer to I;
1. A statement of occurrence of a traffic accident prepared by a defendant;
1. A report on the occurrence of a traffic accident, a written examination of corpse, a victim's photograph, a photographic scambling motion picture, a photo of a string glass;
1. Application of Acts and subordinate statutes to report internal investigation (including photographs, etc. of the victim's vehicle and photographs of the scene of the accident);
1. Grounds for sentencing under Article 3 (1) of the relevant Act on Criminal Facts, Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Sentencing (Determination of type): General traffic accidents; Type 2 (Death of Traffic Accidents); and the basic area (the scope of a sentence of recommendation) (the scope of a sentence of recommendation) from August to June 1;
2. The fact that the nature of the crime of this case, which caused the death of a victim who was a crosswalk due to the negligence of neglecting his/her duty of care and caution while driving the sentence, while driving a mobile phone screen, is very poor, and the bereaved family members and yet to reach an agreement with the victim.