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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 a C Poter cargo vehicle.
On June 20, 2017, the Defendant driven the above cargo vehicle around 09:55, and turned back the front road of the Ecosmetic D from the street glass to the north ground.
Since there are many houses, there are frequent traffic of people in the densely-populated area, there was a duty of care to prevent accidents in advance by properly manipulating the steering direction and brake system to the person engaged in driving service.
Nevertheless, the Defendant neglected this and got off the way behind the above cargo vehicle due to the negligence of the start of the cargo vehicle, and caused the victim F (M, 88 years old) to go beyond the right behind the loading of the above cargo vehicle, and served the victim with the left rear wheels of the above cargo vehicle.
After all, the Defendant caused the death of the victim due to the above occupational negligence, which caused the death of the victim due to the two frameworks in the workplace.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A traffic accident report;
1. A copy of death certificate or medical record of a corpse;
1. Information requested for genetic analysis and response to the results of appraisal;
1. An investigation report (a photograph of the CCTV images for the purpose of protection and attachment of CDs);
1. Application of Acts and subordinate statutes to report on investigation (Attachment of Scientific Investigation Data);
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 Act of the community service order;
1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) (including the special mitigation person] that is not subject to punishment (including the serious efforts to recover damage);
2. The circumstances favorable to the Defendant include the fact that the Defendant recognized and reflected the instant crime, and that the Defendant agreed smoothly with the bereaved family members of the victim.