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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 who is engaged in driving freight B and B.
On January 24, 2020, the Defendant driven the above cargo vehicle around 06:30, and led the four-lanes from the two-lane distance to the two-lane distance from the two-lanes in green signals, the two-lanes from the two-lanes of green signals to about 84.1km to 86km.
당시는 새벽녘인데다가 그 곳 교차로에는 신호등이 설치된 횡단보도가 있었고, 위 도로의 제한 속도는 시속 60km이었으므로 이러한 경우 자동차 운전업무에 종사하는 사람에게는 제한 속도를 지키고 전방 및 좌우를 잘 살펴 안전하게 운전을 하여 사고를 미리 방지하여야 할 업무상 주의의무가 있었다.
Nevertheless, the defendant neglected this and did not discover the victim C(the age of 49) who walked toward the crosswalks near the red pedestrian signals from the left side at a speed exceeding about 24.1km of speed, and did not discover the victim C(the age of 49) and received the victim's right side, head, etc. from the front part of the cargo vehicle that the defendant drives, and caused the victim to fall off at a point less than 16 meters away from the collision point.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E Hospital located in Daegu-gu, Daegu-gu, where the victim was under the follow-up treatment at around 15:43 on January 25, 2020 and caused the death of the victim due to an injury to blood from an external wound.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the actual condition survey report, death diagnosis report, and Acts and subordinate statutes governing the scene of accident;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, while driving the cargo vehicle, failed to observe the speed limit and by neglecting the duty to keep the victim from driving ahead of the vehicle, resulting in the death by shocking the victim and resulting in the quality of the crime.