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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 cargo vehicles of C 11 ton.
On August 21, 2015, the Defendant, around 09:00, proceeded along the two-lanes in front of a linked village in the corner of the high water surface of the Northern-gun of North Korea, along the two-lanes from the opposite side of the sex to the ancient-Eup.
Since there is a place in which a crosswalk is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle is in a way to see well the right and the right and the right of the motor vehicle and to drive the motor vehicle safely.
Nevertheless, the Defendant neglected to do so and proceeded along as is, and thereby, received the part of the victim D (84) which was the left-hand side of the cargo crossing from the right-hand side of the Defendant’s cargo trucking direction as the part on the front-hand side of the Defendant’s cargo vehicle.
Ultimately, the Defendant caused the death of the victim on the same day due to the occupational negligence as above in the course of transferring the victim to the Joseon University Hospital.
Summary of Evidence
1. Statement by the defendant in court;
1. A yellow survey report and a comprehensive analysis report of traffic accidents by the Road Traffic Authority;
1. A death certificate;
1. Application of Acts and subordinate statutes to field photographs and motion picture photographs;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture and the Order of Community Service [the scope of recommended punishment] (the person subject to special mitigation) [including efforts to recover damage] mitigated area (the person subject to special mitigation] [the decision of sentence] The instant accident occurred while driving a vehicle on the first line among the two lanes and the four lanes, and the crosswalk was installed near the entrance of the connected village. Thus, the Defendant, who is engaged in driving duty, has a duty to thoroughly and thoroughly show the direction.