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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a fixed cargo vehicle C.
On April 29, 2017, the Defendant driven the above cargo vehicle around 19:05, and moved to the intersection of the Mad-ro, which is located along the Yansan-gu, Yan-gu, Jeonjun-si, bypassing from the efficteral surface to the effic surface of this hospital.
In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.
Nevertheless, the Defendant failed to fulfill such duty of care, thereby resulting in the death of the victim D (in South, 78 years old) who was standing a bicycle on the left side of the Defendant’s running direction, due to occupational negligence that found the victim D (in South, the age of 78) late, and caused the victim to receive the above cargo lane, and caused the victim to receive medical treatment at the F Hospital located in Yansan-gu, Jeonju-si E on May 7, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on the occurrence of a traffic accident;
1. The actual investigation report on traffic accidents;
1. A report on internal investigation (related to images of an accident);
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 following circumstances are considered: (a) agreement is reached between the victim and the reason for sentencing Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution; (b) the Defendant has no previous conviction; and (c) details and result of the instant accident; and (d) the Defendant’s age, occupation, living environment, etc.