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Defendant shall be punished by imprisonment without prison labor for eight 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 C-III cargo vehicles.
At around 15:50 on May 15, 2016, the Defendant came to turn to the right from the entrance of the John Village at the start of the John Village at the end of the John Village, which is a one-way Dok-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri,
The location is a three-distance intersection without any signal lights and lanes, and the driver of a motor vehicle has a duty of care to check the safety of the course by properly examining the traffic conditions of the intersection due to temporary stop or slowly following the intersection, and then to proceed along the right side of the road and to prevent accidents by using the brakes and steering devices accurately.
Nevertheless, the Defendant neglected to do so and entered the intersection at the left-hand side of the road and immediately left-hand turn at the left-hand side without reducing speed, and the ECA 110S Operation of the victim D(the age of 86) who tried to enter the intersection in the Ma-110S Ora, which was trying to enter the intersection in the Ma-Madle part, was received the right-hand part of the cargo vehicle in front of the Defendant driving.
As a result, the Defendant caused the above occupational negligence, resulting in the victim's death at an original university hospital at around 03:43 on the following day.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A death certificate;
1. On-site reports (related to attaching images of an accident), accident video CDs;
1. Application of evidence on the scene of traffic accident-related Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);
1. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommendations] general traffic accident types 2 (traffic accident death, etc.) (4-1 year) (special mitigation) comparison between the mitigation area (4-1 year) and the sentence of punishment not to be imposed, and recommendation types.