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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence 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 a Bunst Pacific car.
On October 17:25, 2016, the Defendant driven the above car at around 17:25, and proceeded at about 60 km from the surface of the road in front of the South-west Sea C in front of the South-west Sea, to the front side of the road.
Since the location was near the D village where the authorization was gathered, it was in the state of the beginning of the night at the time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and drive the motor vehicle thoroughly.
Nevertheless, the Defendant neglected to do so and did not discover the victim E (at 76 years of age) to move to the right side from the left side of the said vehicle due to the negligence, which led to the death of the victim due to cerebral brain damage, by taking the victim's right side side side side into the front side of the said vehicle and taking the victim's second shock into the front side of the said vehicle, thereby falling into approximately 30 meters prior to the said vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a report on a traffic accident (1) a report on actual condition, and a report on a traffic accident (2) a report on actual condition;
1. A death certificate and a written report of autopsy;
1. Application of statutes on site photographs;
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. In light of the fact that the Defendant’s reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act causes the instant traffic accident by negligence while driving and causing the death of the victim, the liability for the crime is not minor, but it appears that the Defendant reflects his/her own crime, the Defendant reached an agreement with his/her bereaved family members, the victim’s negligence without permission could have an impact on the occurrence or result of the instant accident, and that the Defendant has no same criminal history and no penalty history exists, etc., in favor of the Defendant.