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Defendant shall be punished by imprisonment without prison labor for six 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 driving a “C” model.
On October 30, 2014, the Defendant driven the above car at around 17:43 on October 30, 2014, and proceeded at about 30km each hour from the boundary of the Pyeongtaek Village Center to the horizontal distance.
Since there is an intersection of a private distance and a cluster of housing, in such cases, a driver of a motor vehicle has a duty of care to stop temporarily before entering the intersection and safely drive the motor vehicle while driving at the front and right.
Nevertheless, the Defendant neglected this and instead got the bicycle front wheels part of the victim D (the 71-year-old) driving, which was going to the right from the left side of the direction of the Defendant’s course, to the left side of the driver’s vehicle.
At around 02:05 on November 11, 2014, the Defendant caused the victim’s death by occupational negligence, such as “cerebral damage and acute injury,” in the first-class patient room of the Joseon University Hospital, which was located in 365 Gwangju-gu, Gwangju-gu.
Summary of Evidence
1. Statement of the defendant in the first protocol of trial;
1. Statement to E by the police;
1. The actual condition survey report;
1. A death certificate;
1. A traffic accident analysis report;
1. Application of each statute on photographs;
1. Relevant provisions of the relevant Act and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishments, and Article 268 of the Criminal Act concerning criminal facts;
1. The scope of recommendation of sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence shall be limited to the range of general traffic accidents in accordance with the sentencing guidelines, and the range of general traffic accidents (the death of traffic accidents) [the person who has been specially mitigated] mitigation area (including efforts to recover damage] (1) that the defendant seriously reflects his/her mistake, that the defendant agreed with his/her bereaved family after compensating for damages, that the motor vehicle operated by the defendant was covered by the comprehensive motor vehicle insurance (the bereaved family has completed civil agreements with the insurance company).