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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for 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 D Hansung 7.5 tons truck truck truck truck truck truck truck driver.
On June 27, 2016, at around 02:00, the Defendant driven the above vehicle, and proceeded two lanes from the emulgating surface of the 39 km of the 13km of the National Road in the direction of the mountain of the National Road of 88-8 in the emulgating-si.
At the time, the passenger car driven by the victim E (the age of 56) who is an agent was stopped in order to replace another vehicle, and thus, in such a case, the driver had a duty of care to change the lane and the left and right of the vehicle and operate it safely.
The Defendant knew that the said Aridi vehicle stops in a two-lane as above, and instead of changing the said vehicle in a one-lane and a two-lane, caused the cerebral injury to the victim G (V, 50 years old) who was going into the two-lane to replace the other parts of the said Aridi vehicle by the negligence of driving the said vehicle over the one-lane and the two-lanes, and caused the victim G to die by taking the front part of the right side of the Defendant vehicle and causing the victim E to die, which has two open addresses in the said two-lanes, around 20:43 of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes to autopsy reports and death diagnosis reports;
1. Article 3 (1) 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the suspended sentence) (the sentencing criteria are not applicable). However, the sentencing criteria for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E are set forth.