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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence 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 engaged in driving a hurd motor vehicle B.
On September 4, 2016, the Defendant driven the above vehicle at around 20:32, and led to the intersection at the entrance of the 58-day intersection between South-gu and South-do at port to the Eup/Myeon on the side of the Southern Police Station at port.
At night, as a person engaged in driving of a motor vehicle was at night, there was a duty of care to safely drive the motor vehicle and prevent the accident from occurring.
Nevertheless, the Defendant neglected this and led the victim C, who moved a bicycle to the right side from the left side of the running direction by the negligence of the Defendant, was shocked with the fronter and front glass part of the Defendant’s vehicle.
Ultimately, the Defendant caused the death of the victim by occupational negligence as the blood species by blocking the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Reports on the occurrence of each traffic accident;
1. A traffic accident investigation report and an accident scene photograph;
1. Application of Acts and subordinate statutes of a death certificate;
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 Suspension of Execution (see, e.g., Supreme Court Decisions 20 million won is paid to the bereaved family members of the victim; 20 million won is paid to the bereaved family members of the victim; 20 million won is covered by the comprehensive motor vehicle insurance; 20 million won is a primary offender;