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The punishment of a defendant shall be determined by a credit cooperative for ten months.
However, the above sentence shall be executed 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 EXE car.
On January 12, 2019, the Defendant driven the said car at around 21:50, and driven the two-lane road near Kimpo-si, Kimpo-si, along one-lanes from the entrance of the original frame to the middle middle three-lanes.
At the time, the bus stops and crosswalks are installed at night and there are frequent pedestrian traffic. In such a case, a person engaged in driving duty has a duty of care to check whether there is a pedestrian on the road, and to safely drive and prevent accidents.
Nevertheless, the Defendant neglected this and got the victim D (the age of 67) who was standing a road on the right side of the crosswalk from the right side of the Defendant’s running direction to the left side of the crosswalk, to go beyond the ground by taking the victim D (the age of 67) as the front part of the said car.
Accordingly, the Defendant caused the death of a victim who was receiving treatment at a F Hospital located in Goyang-gu, Youngdong-gu, U.S. on January 14, 2019 due to the above occupational negligence by the Defendant at around 20:08.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A written statement related to G traffic accidents;
1. The actual condition survey report;
1. Application of Acts and subordinate statutes of a death certificate;
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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);
1. The range of recommendation [decision of types] on the sentencing criteria, the range of general traffic accidents (decision of the recommended area] the mitigated area (decision of the recommended area), the mitigated area (decision of the recommendation area), four months to one year;
2. Determination of sentence: Ten months of imprisonment without prison labor, the following circumstances in the suspension of execution of two years, and the age, character and conduct of the accused.