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Defendant shall be punished by imprisonment without prison labor for six 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
피고인은 2014. 11. 3. 13:50경 C 아반떼 승용차를 운전하여 대구 남구 대명동에 있는 앞산공원 공영주차장 앞 ‘ㅜ’자형 삼거리를 앞산공원 공영주차장 입구 방면에서 앞산공원 관리소 방면으로 좌회전하게 되었다.
Since a crosswalk is installed on the left side of the Sam-distance at the time, in such cases, a person engaged in driving duty has a duty of care to check whether there is a person who gets a road by reducing the speed and by properly examining the right and the right and the right and the right of the driver, and to drive safely.
Nevertheless, the Defendant neglected to turn to the left as is, due to occupational negligence, received the part of the victim D (hereinafter referred to as 79 years of age) who normally crosses the crosswalk from the right side of the car to the left side of the crosswalk, and received the part of the front-hand part of the said car. On January 1, 2015, the Defendant caused the victim to die due to the suspension of cardiopulmonary function due to external cerebrovassis, etc. at the F Hospital located in Daegu-gu, Nam-gu, Daegu to the right side of the car.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A death diagnosis report and a written record of autopsy;
1. Application of Acts and subordinate statutes to traffic accident-related 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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] General Traffic Accidents in Type II (Special Mitigation) [Special Mitigation] Punishment and Non-Voluntary (including efforts to recover from damage] / [Determination of a sentence] The defendant has caused the serious result of the victim's death due to the instant accident, but the defendant has agreed to the victim's bereaved family members and the bereaved family members. However, the defendant was covered by comprehensive insurance, the defendant is the primary offender, and the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, and the circumstances after the crime are committed.