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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for 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 C 100cc motor bicycle.
On May 3, 2014, at around 13:08, the Defendant stopped in front of the Cheongdo-ro, the Cheongdo-ro, the Cheongdo-ro, the Cheongdo-ro, the Cheongdo-ro, the Cheongdo-ro, the Cheongdo-ro, the Do-ro, the Do-do-ro, the Do-do-do-ro, who is located in 11, was driving across the central ginseng distance,
At this point, the center line of the yellow-ray is installed, and there is a E-Poter truck drivened by D on the opposite lane, so in such a case, a person engaged in driving of a motorcycle has a duty of care to prevent accidents by safely operating the brakes, such as taking the front door and right door well, operating the brakes well well, etc.
Nevertheless, the defendant neglected this and continued to go beyond the central line, and the defendant lost the center between the two sides of the cargo vehicle in the opposite lane and transferred it to the left-hand side.
Therefore, the defendant's wife, who was on the left side of the cargo loaded, was faced with the defendant's wife F (the age of 65) who was on the back side of the defendant's motorcycle, and continued to fall from the motorcycle, resulting in a collision with the ground.
Ultimately, at around 03:06 on May 4, 2014, the Defendant caused the death of the victim FF due to cerebral cerebralop, etc., which was sent to a H hospital located in Daegu-gu G and received treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A report on the occurrence of a traffic accident (1 and 2 reports) and a report on actual condition (1, 2);
1. Application of Acts and subordinate statutes of a death certificate;
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 on the suspended execution [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents, etc.).