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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing taxi.
On November 1, 2018, the Defendant driven the above taxi at a speed of 70 km from the direction of the direction of the city at the speed of 70km from the direction of the city.
At the time of night, the speed was 60km per hour, and the speed was 60km per hour, and there was a duty of care to safely drive a vehicle on the part of a person engaged in driving service by reducing speed and checking the right and the right and the right and the right of the vehicle because the vehicle is in a situation where the vehicle is using the opposite lane by controlling the lane due to road works.
Nevertheless, the Defendant neglected this and operated the brakes beyond the restricted speed by neglecting the operation of the brakes, and due to negligence in the course of duty that did not properly look at the front and the right and the right and the right and the part of the body of the victim D (the age of 58) who was the traffic signal number controlled by the road construction in the above taxi charging.
Ultimately, the Defendant caused the victim D to die due to the above occupational negligence at the E Hospital around 19:08 on the same day, such as blood plesy, acute smoking, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Sending the results of the traffic accident report, on-site photographs, black and video recording materials, CDs, on-site photographs of the construction site, and traffic accident analysis;
1. The application of Acts and subordinate statutes to death certificates, each medical certificate, and medical opinion;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. The range of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 2], the element of mitigation of traffic accidents [the person who is a special person]: the recommended range of punishment not (including serious efforts to recover damage) and the recommended range of punishment.