Text
Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence 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 a C M& car.
On August 25, 2018, the Defendant driven the above car at around 04:56, and proceeded ahead of the restaurant in Busan Nam-gu, Busan, with approximately 50-60 km in the direction of the entrance of this expectation from the direction of the shooting distance.
At all times, there was a pedestrian crossing installed in a street and a yellow flickering signal is operated, so there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving a motor vehicle temporarily stops or stops before entering the intersection, while checking well the right and the right of the front, and by accurately manipulating the steering direction and the brake system.
Nevertheless, the defendant neglected this and found the victim F (76 years old) who was standing a crosswalk on the right side of the defendant's driving direction by his negligence, and then went beyond the floor to the right side of the defendant's driving.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence at Busan National University Hospital, which was located in 179, Seo-gu, Seo-gu, Busan, Seo-gu, Busan on the same day due to damage to the two parts and chests.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes of the City/Do to regulate traffic signals, such as a traffic accident report (1, 2) (report on the actual condition survey), photographs on the scene of an accident, CCTV images, traffic accidents, reports on the occurrence of a traffic accident, death certificate, death certificate, investigation report (Attachment of CCTV images), drug map at the scene of an accident, CCTV image photograph, investigation report (case of the name of a suspect vehicle), and traffic signal control report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. The reason for sentencing under Article 62(1) of the Criminal Act (the following sentencing is to be taken into account) is that the instant crime was a pedestrian with a crosswalk.