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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 engaged in driving a car in CM520.
On January 18, 2016, the Defendant driven the above vehicle at around 11:04, and proceeded with a road of about 96 KK at the speed of Si/Gun, leading to the front side of the bus stop located in the Cheongyang-gun, Chungcheongnamyang-gun, Cheongyang-gun, the settlement of the accounts of the Clunyang-gun.
Since there is a section with a limit of 60 Km, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should observe the speed limit and drive the motor vehicle safely by checking well.
Nevertheless, the defendant neglected this and proceeded with a speed exceeding 36 km per hour, and did not discover the victim D (85) who crosses the road to the right side from the left side of the defendant's moving direction to the right side, and received the victim's vehicle front part of the defendant's car, and caused the victim's death on the job.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a criminal investigation report (in relation to the time of death of a corpse death);
1. A comprehensive analysis of corpse and traffic accidents;
1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;
1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning 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. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The ground for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] is the second type of traffic accident (the second class to one year), the special mitigation area (the second class to one year) [the victim] also has a considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including a serious effort to recover damage] [the decision of sentence] [the victim's death and result in the death of the victim, so
However, the defendant is led to confession, in depth, and has reached an agreement with his/her bereaved family members.