Text
Defendant shall be punished by imprisonment without prison labor for eight months.
except that 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 engaging in driving a C-si.
On August 16, 2012, the Defendant driven the above taxi on August 16, 2012, and proceeded at about 70 km in the speed of 5 lanes in front of the lusium 2-dong, Daegu Suwon-gu, Daejeon-gu, by three-lanes from the direction of the Yellow-gu to the direction of the lusium 70km.
At the time, the accident was done at night and at the night prior to the discharge, and therefore, the driver of the vehicle had a duty of care to reduce the speed and prevent the accident in advance by well examining the left and right of the vehicle.
Nevertheless, the Defendant neglected to do so and went on as it was the victim D (33 years of age) who was moving on the right side from the left side of the running direction to the front part of the above taxi.
Accordingly, the Defendant caused the victim to die due to such occupational negligence on August 16, 2012, at the Jung-gu in Daegu-gu E Hospital on August 16, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to F and G by the police;
1. A traffic accident report;
1. The actual condition survey report;
1. A death certificate;
1. Protocol of inspection;
1. Each photograph;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [decision of types] Traffic Accidents (general traffic accidents, general traffic accidents (type 1) [Special Convict] where there is considerable fault in the occurrence of traffic accidents even for the victim] [decision of the recommended area] mitigated area] [ extent of sentencing] mitigated area [Article 62(1) of the Criminal Act [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) of the Criminal Act] [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) [Article 62(1) [Article 6