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A defendant shall be punished by imprisonment for not less than eight months.
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 drives a third vehicle without mandatory insurance.
On December 25, 2014, the defendant, around 07:00 on December 25, 2014, was proceeding one-lane in the direction of the military interest in the direction of the Si/Gun in the direction of the Si/Gun in the direction of the Si/Gun from the side of the Si/Gu-Eup, Busan.
Since the restriction speed is 60 km from a one-lane road every hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the speed and speed of the vehicle and by accurately manipulating the steering gear and brakes.
Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding about 25 km every hour, and was negligent in driving on the side of the victim F(60 years old) who walked on the side of the direction of the Defendant’s proceeding, and received the part above the right-hand part of the vehicle driving by the Defendant.
Ultimately, at around 07:52 on December 25, 2014, the Defendant caused the victim to be dead in a low-blood shock tank based on two joints of dunes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. A traffic accident report (one report);
1. A traffic accident report (1) (2) (actual survey report);
1. On-site evidence and photographs;
1. A written result of autopsy;
1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Determination of each sentence of imprisonment with prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by which a sentence is imposed;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Suspension of execution of sentence Article 62(1) of the Criminal Act provides that the reason (the range of recommendation) for sentencing shall be the death of traffic accident in general traffic accident (the range of recommendation).