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Defendant shall be punished by imprisonment without prison labor for a period of one year and six months.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a rocketing car.
On October 12, 2019, the Defendant driven the above car at around 07:21, and led the front side of Seongdong-gu Seoul to the Han River from D to the Han River.
Since the place is a side road of a house and is an intersection in the length of alley on both sides of the defendant's moving direction, in such a case, the driver of the motor vehicle has a duty of care to ensure that the driver of the motor vehicle has a duty of care to ensure the safety of the course, to ensure the safety of the course, to accurately manipulate the steering direction and the operation of the steering gear, etc., and to prevent accidents
Nevertheless, the Defendant neglected this and did not discover the bicycles of the victim E (79 years old) who entered the left alley, and did not get the victim's bicycle back part in front of the said car and got the victim to go beyond the road.
Ultimately, the Defendant caused the above victim's death by occupational negligence at G Hospital located in Seongdong-gu Seoul Metropolitan Government on the same day at around 17:21 of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. The actual survey report and on-site photographs;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning criminal facts, 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, and reasons for sentencing of imprisonment without prison labor
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;
3. Determination of sentence: A case resulting in the death of a victim, which is ultimately caused by the wind that the defendant, who is a debtor of one year and six months of a credit cooperative, conceals the bicycle before the victim gets on or off the side road, from the side road.