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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 engaging in driving a concrete mixture truck.
On December 23, 2016, the Defendant driven the above truck on December 13:31, 2016, and started driving the truck on the front of the bus stop No. 33 of the old bus stop located in Busan-gu, Busan-gu, Busan-do.
Since the location is a light photograph road, a person engaged in driving service has a duty of care to safely operate the steering wheel and brakes by accurately manipulating the steering direction and brakes.
Nevertheless, the defendant neglected this and caused the victim C (V, 60 years old) who was walking on a horse by shocking the truck by the rear side of a warning photo, with the part on which the truck loaded the truck, and caused the victim C (V, 60 years old) who was walking on the horse due to the masting news.
Ultimately, the Defendant caused the victim to die by occupational negligence on December 23, 2016, from the Busan Metropolitan City Medical Center located in 359 as the World Cup in Busan Metropolitan City, Busan Metropolitan City Medical Center on December 23, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Application of Acts and subordinate statutes to a traffic accident report (1) (2), photographs (2) , death certificate, death certificate, and 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 (the occupation of occupational and dental doctors), and selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] of the mitigated area (including four months to one year), (4) of the mitigated area (including efforts to recover damage) of the mitigated area (including special mitigated persons), [the sentence] of the punishment, the victim’s serious result leading to the death of the accident in this case, the degree of negligence of the defendant is serious and the delivery of the child is serious and the victim who was walking along is dead, etc.