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Defendant shall be punished by imprisonment without prison labor for six months.
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 engaging in driving a wing 14 tons wing Franchising vehicle in Korea.
On August 19, 2017, the Defendant driven the above cargo vehicle around 17:00, and led to a sudden speed to park in the front E-M parking lot located in Gyeyang-gu, Seoyang-gu, Seoyang-gu.
At this point, there is a place where people's passage is frequent on the bicycle lane, so in such a case, there was a duty of care to check the safety of the course thoroughly in the future and to prevent accidents in advance by accurately manipulating the steering direction and brake system.
Nevertheless, the Defendant neglected this and caused the victim F (the remaining, 48 years old) who was on the rear side of the said cargo vehicle due to negligence, thereby getting the victim F (the other, 48 years old), who was on the rear side of the said cargo vehicle, to go beyond the rear side of the said cargo vehicle.
Ultimately, the Defendant caused the victim to die at the site due to the above occupational negligence, such as the complexity of two teams.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to the traffic accident inspection report, traffic accident-related photographs, and corpse inspection report;
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, and the selection of imprisonment without prison labor;
1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution may lead to a serious consequence of the death of the victim due to the minor negligence of the defendant. However, the fact that the victim's bereaved family members and the bereaved family members have agreed to do so, that the victim's mistake has been divided, that the accident occurred due to the victim's failure to discover the truck that occurred during telephone conversations in the public parking lot, and other factors such as the defendant's age, environment, background of accident, circumstances after the crime, etc.