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Defendant shall be punished by imprisonment without prison labor for six 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
On February 28, 2014, at around 04:50, the Defendant driven a Drocketing car and proceeded one-lane between five lanes in front of the 2-dong, hot spring 2-dong, Daejeon Pungdong, which is located in the Daejeon Pungdong, from the direction of the knive distance of the deceased.
At the time, it is night and at the same time 70 km per hour, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by complying with the statutory speed limit and by conducting safe driving by checking well the right and the right and the right of the motor vehicle.
Nevertheless, the defendant neglected the legal speed of 23 km or more at a speed exceeding 93 km per hour, and did not discover the victim E (or 78 years old) who crosses the road from the right edge of the bus stop to the left side of the bus stop in the direction of the course, and did not find the victim E (or 78 years old) and got the victim to go beyond the road.
Ultimately, the Defendant caused the victim's death by his occupational negligence, i.e., e., diversopic shocks caused by the diversopic dystye and heavy brain damage.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A written result of autopsy;
1. Application of Acts and subordinate statutes governing requests for appraisal;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.
1. Although the victim is at fault in the course of business, such as a comprehensive motor vehicle insurance with no record of criminal punishment (1984) other than a fine of the same kind for the reason of sentencing under Article 62 (1) of the Criminal Act (1984), a deposit of KRW 30 million, a serious reflectivity, and the defendant's social relation clear, it shall be considered that the victim was at fault of the unauthorized crossing;