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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for 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 rocketing car.
On November 5, 2014, the Defendant driven the above car at around 06:15, and driven the road in front of the Eju station D at the time of Franpo City along the two-lane distance from the right side of Franpo High School, one-lane distance from the right side of the Ejupo High School.
At the time of the defendant's proceeding, the victim F(73 years old) was located near the median line in order to tightly stop the Libera and build a road. In such a case, the driver had a duty of care to check and drive the safety after reducing speed and stopping the damage or stopping at sufficient intervals.
Nevertheless, the Defendant neglected this and failed to properly drive the front time while driving the front time, and received the part of the victim's load onto the front time of the Defendant's vehicle.
Ultimately, the Defendant suffered from the injury of the victim, such as a marction, due to such occupational negligence, and caused the victim’s death at the H Hospital G G in Mapo-si around 08:35 on May 28, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A copy of a death diagnosis document;
1. On-site photographs;
1. Application of Acts and subordinate statutes to a commission and reply;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crime: Death of traffic accidents in general traffic crimes;
2. Determination of the scope of sentence: Reduction area, two months to ten months (where the victim has a substantial negligence in the occurrence of a traffic accident even if he/she was a specially mitigated person, he/she shall not be punished);
3. The decision of the sentence appears to have recognized and reflected his mistake, and the victim who was crossing without permission by smuggling at night.