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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of 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 of a vehicle with C tong C.
On May 23, 2018, the Defendant driven the above vehicle at around 21:00, and proceeded about 88.9km from the north-gu, Ulsan-gu to the two king distance, along one-lane from the edge of the substation.
At the time, since it is at night, a person engaged in the driving of a motor vehicle has a duty of care to safely operate the operation of the operation and steering system by accurately operating the operation and steering system.
Nevertheless, the Defendant neglected this and proceeded with the above road at a speed of 70 km per hour while driving on the road at a speed of the above 70 km, and received the victim F (48 cm) who crossed the above road to the right side from the left side of the running direction of the above vehicle as the top part of the left side of the above vehicle.
Ultimately, the Defendant caused the death of an injured person immediately on the job due to the above occupational negligence, resulting in the death of a serious pulmonary death due to the aggravation of two aggregates.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. Each investigation report (the sequence 21,22 of the evidence list);
1. An analysis of traffic accidents;
1. A death certificate;
1. Application of each statute on photographs;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);
1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment according to sentencing guidelines] Article 62-2 of the Order to Attend a lecture [the case where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage)] (the decision of sentence] of this case where the defendant is a motor vehicle in excess of the speed limit at night.