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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 becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a Puratom car.
On March 16, 2016, around 05:55, the Defendant driven the four-lanes of the four-lane road in front of the members of the Dong-gu, Ansan-si, Nowon-si, Seoul, at a speed of about 85 to 100 kilometers each hour from the center to the beginning area.
At the time of night and the above place is located at the speed of 60 kilometers per hour, so in such a case, there was a duty of care to protect the speed of the driver and to prevent the accident by driving safely while driving safely.
However, the Defendant caused the death of the victim F(30) who was crossing the crosswalk from the left side of the course due to occupational negligence operated by the Defendant at a restricted speed to the front side of the said car by shocking the victim F(30 years) who was crossing the crosswalk to the signal signal light, etc. on the right side, resulting in the victim's death, such as an external wound, etc. at the Korea University Medical Center Hospital within the Korea University Medical Center located in Ansan-si, Seoul Special Metropolitan City on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. As to the occurrence of the instant accident, there is part of the victim’s negligence in relation to the occurrence of the instant accident, such as the Defendant’s confession of the instant crime, and the victim also passed the crosswalk in violation of pedestrian signal at the time of the occurrence of the instant accident.
In full view of all the circumstances, including the fact that the vehicle of the defendant, the fact that the vehicle of the defendant seems to be helpful for the recovery of damage on the part of the victim, the defendant agreed with the victim, the victim does not want the punishment of the defendant, and the defendant is the initial offender, the punishment shall be determined within the scope of the sentencing guidelines [special mitigation: February - 1 year].