Text
Defendant shall be punished by imprisonment without prison labor for six months.
However, 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 a B AR car.
On December 16, 2013, the Defendant driven the above car at around 17:10 on December 16, 2013, and led to the progress of the roads in front of the World Young School, which is located in the aerogic village in the Yeong-gun, Yeong-gun, Yeong-gun.
At the time, there are children playing on the right side of the road on the front side of the road running by the defendant, so in such a case, the defendant engaged in driving service had a duty of care to reduce the speed and to prevent the accident in advance by driving safely by safe driving in the front side and the right and the right.
Nevertheless, the Defendant neglected this and negligently driven the victim C (V) coming from the road from the right side of the course of the Defendant’s course by negligence, and received the victim C (V) from the road to the right side of the Defendant’s course.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to serious brain injury.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A death certificate;
1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey report;
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 (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment: Not more than five years of imprisonment without prison labor;
2. Scope of the sentence recommended on the sentencing guidelines [type of crime] traffic crimes, general traffic accidents, and Type II (Death resulting from Traffic Accidents) (Special Mitigation)] penalty not (Determination of the scope of sentence] mitigated area (Article 4 to October by a credit cooperative);
3. Determination of sentence: The fact that the negligence of the defendant for six months of imprisonment without prison labor or for two years of suspended execution results in the severe death of a victim is disadvantageous to the defendant;
However, it is against the defendant when committing the crime of this case, and the defendant is against the defendant.