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Defendant shall be punished by imprisonment without prison labor for ten months and by a fine of 300,000 won.
If the defendant fails to pay the above fine, 50.
Reasons
Punishment of the crime
1. On July 20, 2013: (a) around 03:35, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”); (b) the Defendant driven a sea-to-face C 125cc and driven a sea-to-faced road located in the coast-to-face in Jeju Island with three-lanes of the coast-to-faced road located in the coast-to-face. At the time, the Defendant was at night and at that time, the Defendant was negligent in performing occupational duties to safely operate, such as reducing speed and wearing safety caps to the passengers; and (c) the Defendant was negligent in neglecting his/her duty of care to pay attention to the direction of the driving of the vehicle; and (d) the victim D(the head, head, and 18 years old who was on the back of the sea-to-face located in the coast-to-face of Jeju; and (d) the Defendant fell into two parts of the road and caused the death by falling into two parts.
2. On July 20, 2013, from around 02:00 to 03:35 on July 20, 2013, the Defendant used CObaba in the section of about 60km from around 20:0 to the location of the accident described in paragraph (1) via the Ilpo-si-dong in Jeju Island from around 35:0, and from around 205, Seopo-si, Seopo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, each on-site photograph, the ledger of driver's license for motor vehicles, and a written autopsy
1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1) and the proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act. In regard to a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, imprisonment without prison labor
1. Aggravation of concurrent crimes: the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;
1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;
1. Suspension of execution: Article 51 of the Criminal Act as stated in the reason for sentencing under Article 62(1) of the Criminal Act.