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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year 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 B car car.
On August 31, 2013, the Defendant driven the above car at around 19:15, and driven the two-lane road in front of the monthly human resources office located in the Nam-gu Busan Metropolitan City, Nam-gu, in accordance with two-lanes from the direction of the Gu Jeonnam-do Office.
Since the place is where there are many people crossing the ordinary road, in such a case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to reduce the speed and to safely drive the motor vehicle well to prevent the accident in advance by safely driving the motor vehicle.
Nevertheless, the Defendant neglected to do so and neglected to do so, and thereby proceeded to the right side from the left side of the Defendant’s proceeding direction, and discovered late later the victim C (year 76) who crosses the right side from the left side of the Defendant’s proceeding, and shocked the body side of the said victim by the front part of the Defendant’s vehicle
Ultimately, the Defendant caused the death of the said victim due to the above occupational negligence by pressure on brain pressure, etc. at the E Hospital emergency room located in Gwangju-dongdong-gu, Gwangju, where the said victim was under the follow-up treatment on September 1, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 2007) (see, 2007; Supreme Court Decision 200Da14488, Apr. 2, 2007).