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Defendant shall be punished by imprisonment without prison labor for one year.
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 K5 si.
On April 5, 2020, at around 00:19, the Defendant continued the crosswalks in front of the construction site of the building C in Seongbuk-gu, Seongbuk-gu, Sungnam-si from D apartment room to the room of the party police station.
Since there is a 60km section at a speed limit and a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to observe the speed limit and to prevent accidents by accurately manipulating the steering direction and brake system.
Nevertheless, when the defendant neglected this and proceeds at a speed of about 83km to 86km in speed, the defendant was placed on the right side of the defendant's running direction with a red signal, and the victim E (Nam, 61 years old) who has dried a bicycle on the right side of the above taxi was placed on the front part of the right side of the above taxi.
Ultimately, at around 01:33 on the same day, the Defendant caused the death of the said victim by the occupational negligence in G Hospital located in Yeongdeungpo-gu F in 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 traffic accident report, investigation report (on-site investigation, etc.), investigation report (Attachment of black stuffs and video photographs relating to the speed of the 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 of the suspended sentence: The circumstances favorable to the fact that the result of the victim's death is caused by the excessive driving, which led to his/her mistake and reflect, the primary offender, the victim's failure to take the bicycle on the red signal seems to have contributed to the occurrence of accidents or the expansion of damage, and the fact that the victim has agreed with the victim's bereaved family members, and the defendant's age, attitude, environment, criminal background, means, and result.