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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a C-si.
On July 30, 2016, around 01:10, the Defendant proceeded at the speed of 56 km from the north-gu Incheon Metropolitan City, at the parallel of two lanes to the parallel distance of sublime.
At night, since the driver's duty of care was required to speed up the surface in milch, the driver's duty of care was to observe the speed and speed of the driver's vehicle and to operate the steering system and the steering system accurately.
Nevertheless, the Defendant neglected to do so and proceeded as it was due to the negligence of neglecting it at the front of the passenger vehicle, and was the victim E (56) who was crossing the road without permission.
Ultimately, at around 09:01 on July 30, 201, the Defendant caused the death of the victim due to the above occupational negligence in an emergency room for the innate hospital in Jung-gu Incheon, Jung-gu, Incheon.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Each police statement made to F and G;
1. Application of the Acts and subordinate statutes to the investigation report, death certificate, each photograph, notification of the results of traffic accident analysis, accident video cd and investigation report;
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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. Scope of recommending punishment: From two months to one year (the type of determination) of a credit cooperative, where the victim is negligent in causing a traffic accident even for the victim in the area of special mitigation (special mitigation) of punishment (the occurrence of a traffic accident by a special mitigation).
2. In light of the fact that the defendant's decision on the sentence has caused the death of a victim due to the careless driving by the defendant, the responsibility of the defendant shall not be minor;
However, the victim is crossing without permission at the time of the instant case.