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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a taxi for business purpose B K5.
On March 20, 2020, the Defendant driven the above taxi at a speed of about 86.36km/h according to the 2-lane of the front of the C apartment at the time of harmony, with the three-lane roads in front of the C apartment at the time of harmony.
At the time, the speed is at night, and the speed is 60 km/h at every time, so a person engaged in driving service has a duty of care to observe the speed limit, to ensure that he well sees the right and the right and the right and the right and the right and the right and the operation of brakes, steering devices and other devices, to prevent traffic accidents from spreading.
Nevertheless, the Defendant neglected this and found the limited speed in excess of 26.36km/h of each hour, and found the victim D ( South and 53 years old) who illegally crossed the crosswalk on the right side from the left side of the defendant's running direction at the time, and did not avoid it, and shocked the victim in front of the above taxi.
Ultimately, on April 4, 2020, the Defendant caused the death of the victim from cerebral typosis due to the dubation of two dubs from the F Hospital located in Yeongdeungpo-gu E in Suwon-gu, Suwon-si, Suwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A death certificate;
1. Application of Acts and subordinate statutes to a survey report on the actual condition, a survey report (the matters of a track image and on-site survey), an investigation report (the analysis of the speed of a feet vehicle);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Overworking hours.
The circumstances favorable to the fact that the victim has not been discovered and has been shocked, and that the result has resulted in the death of the victim: confession and reflect, the fact that there has been no previous convictions, the fact that the victim did not illegally cross the accident of this case, and the fact that the victim has caused the occurrence of the accident of this case and agreed with the bereaved family members.