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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of 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 dump truck.
On November 10, 2015, the Defendant driven the above vehicle at the speed of 15:50 on November 15, 2015, and proceeded to turn to the right from the right side at the intersection where the south of the sound-side side of Asan City is crossing.
At that time, there was an intersection where traffic control is not performed. In such a case, there was a duty of care to prevent accidents in advance by driving safely, such as driving a vehicle with a view to driving a vehicle, driving a vehicle with a view to driving the vehicle, driving the vehicle, driving the vehicle, driving the vehicle, and driving the vehicle with a view to driving the vehicle.
Nevertheless, the Defendant neglected this and neglected to turn to the left, caused the victim to have the victim go beyond the floor by shocking the front part of the Daltob in the front part of the Daltob drive C (47 tax) which was driving from the right side of the sex exchange, and caused the victim to have the victim go beyond the floor on the dump truck on the 14th day of the same month, and caused the victim to have the victim go beyond the floor at around the 6th day of the south-dong-gu 17:30 on the 14th day of the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement and image of a survey report;
1. Descriptions of a death diagnosis certificate;
1. Application of video-related Acts and subordinate statutes to the site and body photographs;
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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the circumstances favorable to the following grounds for sentencing);
1. Scope of punishment by law: Not less than one month but not more than five years;
2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, the Class 2 (Death of Traffic Accidents) (person subject to special sentencing] among the general traffic accidents, and the number of persons not subject to punishment (the scope of the recommended punishment] (the scope of the recommended punishment for not less than four months but not more than October;
3. Determination of sentence: The driver's license holder is not found to have been driving in the intersection where the defendant for a year of suspended sentence is installed with yellow on-and-off signal in six months of imprisonment without prison labor.