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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 motor vehicle B. A.D.
On November 3, 2015, the Defendant driven the above vehicle at a speed of 18:15, and driven the road near the bus stops located in 2 e.g. in the m. of the m. m. in the m. m. of the m. m. in Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-si, the Defendant proceeded at an insular speed, depending on the speed of the m.
At the time, there was no light in and around the road, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering system.
Nevertheless, the defendant neglected this and did not find the victim C (n, 86 years old) who was coming to the right edge of the course, and did not find the victim C (n, 86 years old) at the right edge of the course, and got the victim to go beyond the road.
As a result, the Defendant caused the victim to die due to the above occupational negligence by the Gacheon-ro Hospital located in the Namdong-gu Incheon Metropolitan City around 23:13 of the same day from the Gacheon-ro Hospital’s marcule mar, typ frymor, and almar marc shock.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made in the police statement protocol with D;
1. Application of each statute stated in the actual survey report, death diagnosis report, and traffic accident report;
1. Relevant legal provisions concerning criminal facts, Articles 3 (1) and 268 of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The victim died due to the instant accident, where the scope of punishment to be recommended for the reasons of sentencing Article 62-2 of the Criminal Act is limited to the range of general traffic accidents (accidents caused by traffic accidents) in the area of mitigation [4 months to 10 months] [including special mitigation persons] punishment in the area of mitigation (including serious efforts to recover damage], and the decision to select imprisonment without prison labor by taking into account the significant results.
However, the defendant committed the crime of this case.