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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 becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a motor vehicle in B.
On January 11, 2019, the Defendant was stopped in order to make a left turn to the right-hand turn on the road immediately preceding the intersection located in 1345 at the two weeks of peace by driving the above car at around 06:35.
At the time, the vehicle signal apparatus is installed at night and at the right time, and thus, the driver has a duty of care to check whether another vehicle is driven well and whether the vehicle is driven in accordance with the new code and to prevent the accident in advance by driving the vehicle safely.
Nevertheless, the Defendant neglected this and caused the left-hand turn to the left-hand turn of the vehicle driving signal even though it was a stop signal, and the victim C (the age of 58) driving the said intersection from the left-hand side of the Defendant’s running to the right-hand side of the said motor vehicle.
As a result, the Defendant suffered injury to the victim C, such as a chest feling, which requires four weeks of treatment, and at the same time, caused the victim E (60 years of age) who was on board a car operated by the Defendant at the same time, to die with a multiple long-term charging system, etc. at the G hospital located in f at the Gu Government-Si around 02:37 of the same month.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. C's written statement of traffic accident;
1. The actual survey report and the report on the occurrence of traffic accidents;
1. A death certificate;
1. A medical certificate (C);
1. Application of Acts and subordinate statutes to photographs and intensitys of accident sites;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of alternative imprisonment without prison labor;
1. Article 62(1) of the Criminal Act: