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Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.
except that the execution of the above sentence shall be suspended for three 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 B Poter cargo vehicles.
On November 29, 2019, the Defendant driven the above cargo vehicle at around 10:00, and proceeded with the road of the first two-lane road in the front of Goung-gun, Goung-gun, Goung-gun, in the direction of E from D to E on the surface, at a speed of about 81 km.
At this point, the center line of yellow solid lines is installed, and at a speed of 60 km, there was a duty of care to prevent accidents in advance by driving safely such as maintaining the vehicle line well and complying with the speed limit.
Nevertheless, the Defendant neglected this and got the front part of the G Two-wheeled Motor Vehicle driven by the Victim F (Age 78) who was driven by the injured party F (Age 78) due to the negligence over the center line while driving more than the speed limit.
On November 29, 2019, the Defendant caused the victim’s death by occupational negligence, such as a tension with a tension and abran ple, at the I Hospital located in Haak-gun, Haaknam-gun, Jinari-gun on November 1, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report and evidence and photographs of the scene of a traffic accident;
1. A comprehensive analysis of traffic accidents;
1. Application of Acts and subordinate statutes of a death certificate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: One to five years of imprisonment without prison labor;
2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of traffic accidents in general traffic accidents [Type 2] - Death in traffic accidents [Special Sentencing] - mitigated factors: In cases where the illegality in Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is emphasized (the area of recommendation and the scope of recommendation]; the basic area of traffic accidents; August 2 and 2;
3. The following circumstances and the age of the defendant in the decision of sentence: