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Defendant shall be punished by imprisonment without prison labor for seven months.
However, the execution of the above sentence shall be suspended for a period of 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 the duties of driving vehicles CPoter III.
On May 8, 2017, the Defendant driven the above vehicle at a speed of about 5 km in the speed of 795 meters at the top of the village of the Yeung-ro, Goung-gun, Goung-gun.
At the same time, there was a frequent passage of the people as the starter, so the person engaged in driving motor vehicles has a duty of care to safely check the rear-down situation.
Nevertheless, the Defendant was negligent in neglecting the duty of follow-up on the back of the above vehicle, and the victim D (the age of 76) who passed the front of the above vehicle was subjected to the back of the above vehicle.
Ultimately, the Defendant caused the victim’s death during the hospitalized treatment at the Southern Hospital around 13:05 on May 8, 2017 due to such occupational negligence as “low blood transfusion shock”, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A survey report on actual conditions;
1. Evidence and photographs of the traffic accident scene;
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 According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Act is very serious in the contents and result of the defendant's negligence.
However, the sentencing conditions such as the defendant's age, environment, etc. shall be determined as ordered by considering the favorable circumstances such as that the defendant has no criminal history of the same kind and imprisonment without prison labor or more, and the bereaved family has not want to punish the defendant