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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of one year 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 earth and sand vehicles B.
On October 7, 2017, the Defendant driving the above vehicle at around 22:58, and driving the three-lane of the 673-lane in the direction of the Incheon Southern-gu, Incheon Metropolitan City, along two-lanes from the side of the side of the parallel distance, at about 65km in speed.
At night and at the front of the defendant, the victim C(56) was in the right side from the left side of the defendant's moving direction to the right side, so the driver of the vehicle had a duty of care to look at the front side well and to prevent the accident by accurately manipulating the steering direction and brakes.
Nevertheless, the Defendant neglected this and got the victim as the front part of the Defendant’s vehicle due to negligence.
Ultimately, the Defendant caused the death of the victim due to such occupational negligence, immediately after the death of the two in-house.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to D, E, and F;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to dead bodies;
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 on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the same Act, the defendant neglected his/her duty at the front time and caused the death of the victim by shocking the victim who was crossing the road in the direction of the crime. However, the crime of this case is not good. However, the defendant is the first offender with no criminal history, the vehicle is covered by a comprehensive insurance, the bereaved family does not want the punishment of the defendant by agreement with the victim, and the victim's mistake who was crossing the road in the middle of the trial is also caused by the traffic accident of this case.