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Defendant shall be punished by imprisonment without prison labor for not less than five months.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a rocketing car.
On October 29, 2015, the Defendant driven the above car at a speed of about 95.3km and about 96.9km at the speed of about 95 km to the eb. e., e., e., e., e., the new elementary school located in the new e.g., Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoan-gu, Seoan-gu, in accordance with one lane.
At the time, there is a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle at night, while getting off and off a motor vehicle, by accurately operating the steering system, brakes, and other devices of the motor vehicle, by reducing the speed higher than that of the ordinary time, and thoroughly driving the motor vehicle at the front time.
Nevertheless, the Defendant neglected this and found the victim D (84) who was in the front of the front bank due to negligence, not negligent in neglecting the speed of the Defendant, and was in the front of the Defendant’s car, but did not avoid it, and was in the front of the Defendant’s car.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to serious brain injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Entry of the traffic accident report;
1. Statement and image of a survey report;
1. Descriptions of a corpse death certificate and a comprehensive traffic accident analysis certificate;
1. Application of each video Act and subordinate statutes in relation to a traffic accident scene map, accident scene photograph, changeer photograph, and suspect A B Blue image;
1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;
1. Scope of punishment by law: Not less than one month but not more than five years;
2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, and the type 2 (Death, etc. of Traffic Accidents) (person subject to special sentencing] of the general traffic accidents also have a substantial fault in the occurrence of traffic accidents (the scope of recommended punishment].