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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year 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 KS7 car.
On December 8, 2017, the Defendant driven the above car at around 06:35, and driven the above car at around 87.4 km in the direction of the speed 87.4 km in the direction of the road at the front of the D Mart, which is located in the Busan Seo-gu, Seo-gu, Busan, with three lanes.
Since the passage of vehicles is frequent, a person engaged in driving service has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and operating the steering system accurately.
Nevertheless, the Defendant neglected to do so, while proceeding more than 60km/h at a speed exceeding 60km, was negligent in failing to properly look at the front left and right, etc., and found late after the victim E (81) who was moving a road by towing the handle at a one-lane in the same direction of the mast, and proceeded at a one-lane for the opposite side of the left side of the Defendant’s car as it is, the Defendant received the victim as it is in front of the left side of the Defendant’s car and proceeded at the opposite one-lane.
F Driving led to shock at the front glass of the G rocketing car.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, such as the damage of her head, chest, and fry in the workplace.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A traffic accident report and an investigation report;
1. A death certificate and a written appraisal of autopsy;
1. Application of Acts and subordinate statutes to traffic accident investigation and analysis replies;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines and the scope of general traffic accidents shall not be subject to the mitigated area (from April to one year) (special mitigation persons).
2. The offense of this case by which the sentence of sentence is to be determined shall cause a traffic accident by negligence of the accused, resulting in the death of the victim, and the liability for such offense shall be minor.