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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for 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 the operation of the ecoo vehicle B.
On February 2, 2013, the Defendant driven the above vehicle at around 23:35, and proceeded at a speed of about 50 km in Si/Gun/Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, with two-lane roads, which are located in the New-dong, Dong-dong, Dong-dong.
At that time, there are nights, and there are apartments on the left side, so a person engaged in driving service has a duty of care to reduce speed and prevent accidents in advance by taking into account the right and the right and the right and the right and the right and the right and the right and the right and the right of pedestrians
Nevertheless, the Defendant, while neglecting the duty of Jeonju, found the victim C (the age of 24) who crosses without permission from the right side of the defendant's running direction due to the negligence that occurred while neglecting the duty of Jeonju, was found to be late, and the victim was shocked by the front part of the vehicle operated by the defendant due to the failure to avoid
Ultimately, the Defendant caused the victim to die with cerebral cerebral cerebralop in D Hospital around 10:25 on June 18, 2013 due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of traffic accident investigation reports, death diagnosis reports, on-site photographs-related Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is very serious as the victim dies, but there are circumstances under which the victim might be considered as the situation of the accident because he/she crosses the scene of the accident without permission at night, the defendant did not reach an agreement with the victim, but deposited 20 million won for the bereaved family members, and the defendant has no record of punishment other than the second fine, etc. shall be determined as ordered by the order