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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a B B B B B B B BB car.
On October 4, 2019, the Defendant driven the above car at around 20:11, and proceeded with approximately 66.2 km each hour from the cside to the two sides of the 409-lane 381 road in the Western-gun, Seowon-gun, Seowon-gun, Seowon-gun, Seowon-do.
At the time, the road was installed at night and there was no street lamps around the road, so in such a case, the driver of the vehicle has a duty of care to safely drive the motor vehicle at a limited speed and prevent the accident in advance, without breaking the center line.
Nevertheless, the defendant neglected this and found the victim D (n, 60 years old) who was crossing the road from the right side of the defendant's proceeding to the left side by driving about 66.2 km speed above the speed limit and over the center line due to the negligence of the defendant's failure to obstruct it, and operated it rapidly, but the defendant did not avoid it and did not get the victim to go beyond the floor.
Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above due to the cause not known at the F Hospital located in Haju-si E around October 4, 2019.
Summary of Evidence
1. The Defendant’s partial statement of traffic accident occurrence report, traffic accident report (on-site investigation report, summary map, etc.), on-site photographs, and death diagnosis report as a result of traffic accident analysis, and CD-recording video recording devices and video recording images of the defense contractor (i) at night at the time of the instant accident, and road was very difficult.
(2) The road, which is an accident place, is a general road across two-lanes, which is not an expressway but an exclusive road for motor vehicles, and there is authorization in the vicinity of the road, and no crosswalk is installed at a considerable section.
In such cases, it should not be easily predicted that there is no pedestrian crossing without permission, and the speed shall be reduced.