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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 becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a D-port cargo vehicle.
On June 20, 2017, the Defendant driven the above cargo vehicle on June 20, 2017, and had a road of the front Do 1, E, located on the side of the right to stay in the city where it is outside.
Since there is a length to the right side of the running direction and a village is formed on the left side, the driver of the motor vehicle has a duty of care to live well around the person engaged in the driving of the motor vehicle, to prepare for the situation where people or motor vehicles appear on the road, to safely operate the steering gear and brake system in accordance with the road situation, and to prevent the accident in advance.
Nevertheless, the Defendant neglected to do so and found the victim F (the 74 years old) who is going to walk a bicycle and cross the road on the side of the above-mentioned branch line by negligence without properly examining the surrounding area, and operated the driving vehicle to the left-hand side, and did not avoid it, but caused the victim to go beyond the floor by receiving the victim's bicycle left-hand side of the victim's bicycle driving freight, etc.
Defendant caused injury to the victim due to the above occupational negligence, and caused the death of the victim due to the cerebral typosis, etc. during the medical treatment after the hospital, around 03:43 on June 21, 2017, during the medical treatment after the hospital.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the police statement related to G;
1. A report on the occurrence of a traffic accident and a survey report on the actual condition;
1. A death certificate;
1. Application of Acts and subordinate statutes on site photographs;
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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing criteria (the type of traffic shall be determined);