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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 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 concrete mixture truck.
On October 9, 2018, the Defendant driven the above truck on October 10, 2010, and proceeded along the three-lanes in the direction of 226 as the New Village of Mapo-gu Seoul Metropolitan Government and the road in front of the Sin-dong post office (hereinafter referred to as the "Sin-dong post office") in the direction of the "Sin-dong distance of active service" from the "Sin-do office."
At the time a road is installed with signal apparatus and crosswalks, in such cases, the driver of any motor vehicle shall drive the road with due care as to whether or not pedestrians can exist in the crosswalk or crosswalks in the vicinity of the direction of the vehicle, and shall drive the motor vehicle safely in accordance with signal or instruction, and have duty of care to prevent accidents by safely driving the motor vehicle in accordance with signal or instruction.
Nevertheless, the Defendant did not fulfill the above duty of care, and was negligent in going beyond the stop line in contravention of the signal signal at the vehicle red signal at the scene of the accident, and led the stop line between the crosswalk and the stop line, leading the victim C (W, 82 years old) who dried up the road on the left side of the truck on the front side of the truck.
Ultimately, the Defendant, by occupational negligence, sent the victim to a hospital and received treatment.
On October 11, 2018, around 02:15, it resulted in the death of a multi-presidential long-term unit.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to a traffic accident report, investigation report (accident site investigation report), investigation report (verification of video records of a hazard-preventive vehicle), death diagnosis report, investigation report (EF route bus video verification), and investigation report (EF route bus video verification);
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 selection of
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The victim’s bereaved family members are limited.