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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 one year 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 D concrete mixed truck.
On March 28, 2018, the Defendant driven a above truck on March 14:15, 2018, and stopped the two-lane road in front of the F-do in Busan Young-gu E from the Cheong school market to the signal atmosphere at the new construction site in the front of the F-do in the Cheong school market, and proceeded at a speed of less than 5km per hour at a speed of less than 5km per hour.
Since the above road is a two-lane road, there are many vehicles parked on the road A, and pedestrians are frequent, and there is no separate installation on the center line, in such a case, a truck driver is obliged to pay a duty of care to prevent accidents by starting from checking whether there is a person crossing the road by examining the right and the right of the road at the time of departure from the straight line after the signal waiting.
Nevertheless, the defendant neglected the above duty of care and did not find out the victim G (V, age 80) who illegally crossed the road from the right side of the truck of the defendant, without permission, in the direction of the left side, at the time of the change of signal without confirming the right side of the vehicle, and without discovering the victim G (V, age 80) and had the victim go beyond the victim by shocking the part of the front right side of the truck, and then assigned the front wheels to the right side.
Ultimately, around 00:55 on April 15, 2018, the Defendant caused the death of the victim at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to traffic accident reports;
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;
2. Article 62 (1) of the Criminal Act on the stay of execution (the punishment for the crime is minor considering the gravity of the death of a victim);
shall not be deemed to exist.
. A victim;