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Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
However, the execution of the above punishment shall be suspended for three 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 a dump truck.
Around 06:51 on April 11, 2019, the Defendant driven the above truck and continued D’s front road located in Goungung-gun C in the Jeonnam-gun with a speed of approximately 84.1km from the green bank to the gold bank.
Since the restricted speed is 60 km per hour and the traffic control is conducted according to the signal apparatus, the driver of the motor vehicle has a duty of care to observe the restricted speed and drive the motor vehicle safely according to the signals.
Nevertheless, the Defendant neglected to do so and did not neglect that the speed limit exceeds 24.1km per hour, and that the vehicle progress signal is changed to a stop signal, and by negligence, the victim E (74) driven by the victim E (74) who was left to the left in the opposite direction of the Defendant, received the right side part of the Fpoter freight vehicle as the front part of the truck.
Ultimately, around April 11, 2019, at around 12:49, the Defendant: (a) caused the victim E to have the victim E suffer from brain pressure at H hospitals located in the Dong-gu Gwangju-gu Gwangju-gu, and (b) caused the victim I (73 years of age) who is the passenger of the said cargo vehicle to die in the same hospital at around 09:56 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes to each death certificate;
1. Article 3 (1), the proviso to Article 3 (2) 1 and 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act by taking lectures and providing community service order is causing the death of two victims by causing traffic accidents by negligence by exceeding the speed limit of the defendant and violating the signal. In addition, the degree of violation of the defendant's duty of care is unlimited, and the victims die.