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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
1. On June 2, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) around 05:53, the Defendant: (b) obstructed the said 23 knife onto the knife of the knife along the knife along the knife knife at the entrance of the knife seat of the Doknam-gun, Jin-gun, Gangwon-do.
At the same time, the surrounding areas are farming roads, and the passage of farmers was frequent, so in such a case, the defendant had a duty of care to prevent traffic accidents in advance by driving while living well on the front side and the left side.
Nevertheless, the defendant neglected this and got the victim (the 78 years of age) who was crossing the road from the right-hand side of the bend-hand side of the bend-down lane to the left-hand side of the bend-hand side of the bend-hand side.
The Defendant caused the death of the victim by occupational negligence, such as “damage to the diversity caused by a traffic accident, cerebrovascular,” etc.
2. The Defendant violated the Passenger Transport Service Act, as the owner of the said passenger vehicle, provided a self-owned motor vehicle for transport purposes at a cost, such as receiving transportation charges of KRW 13,00 per person in return for the transportation of KRW 13,00 for the said passenger vehicle from April 2, 2016 to June 2, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, D, and F;
1. The actual survey report and the traffic accident analysis report;
1. A death certificate;
1. Application of Acts and subordinate statutes governing body 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 in the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 8 of Article 90 and Article 81 (1) of the Passenger Transport Service Act (the provision of private cars for transport at a cost, and the selection of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act of the suspended execution is as follows.