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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.
On December 22, 2017, the Defendant driven the above cargo vehicle on December 14:58, 2017, and caused the erroneous distance to turn to the left at an irregular speed in the direction of the market at the 1st Dong community service center.
There are no signals, and a crosswalk is installed in the front direction of the road, so the Defendant engaged in driving service has a duty of care to accurately operate the steering and steering gear by accurately operating the steering and operating the steering gear while living well.
Nevertheless, by negligence, the Defendant neglected to turn to the left as it is, and went beyond the floor by taking out the victim D (the 62 years old) who crosses the road adjacent to the crosswalk from the right side of the cargo vehicle of the Defendant, to the left side of the crosswalk, from the right side of the cargo vehicle of the Defendant, and went beyond the floor of the above cargo vehicle driving by the Defendant. Ultimately, the Defendant caused the victim by negligence on the part of the above occupational negligence, which caused the death of the victim due to brain liver, etc. at the Ai University Hospital located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, 25th of the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident investigation report, on-site photo, photograph of the accident scene, photograph of a black stuff image, on-site investigation photograph of the accident;
1. Investigation report (with respect to the black stuff image reading at the time of the accident), black stuffs and video CDs;
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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation according to sentencing guidelines] of the general traffic accident [the scope of punishment pursuant to sentencing guidelines] and the special mitigation factors in the mitigation area (4 months to 1 year): the crime of this case is not punishable [the decision of sentence]. The defendant neglected to take the front place at the place near the crosswalk.