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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On May 30, 2015, the Defendant, at around 22:45, driven a Da E-Mati Cargo Vehicle and caused the death of the victim D (32 years old) who was a pedestrian who was a pedestrian in the direction left side of the said cargo vehicle by negligence when he was negligent in failing to perform the duty of e-mail at a speed of 80km in speed from the speed of 80km at the speed of her speed, depending on the two-lane road at a speed of 1:57 p.m. at a speed of 80km at the speed of f.m., the Defendant, along with a two-lane road at a speed of f.m., at the speed of f., at a speed of f.m. in the city of Gyeongnam-si, had the victim D (32 years old) who was a pedestrian in the crosswalk under the direction of the said cargo vehicle go beyond the front part of the said cargo vehicle, resulting in the death of the victim due to a stop by brain f.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A death certificate;
1. On-site reports (CCTV);
1. A written agreement;
1. Application of the photographic Acts and subordinate statutes;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act;
1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category II (the death of traffic accident) is the basic area (the period between August and January 6) (the person who is subject to special mitigation and aggravated punishment] / the illegality in the proviso to Article 3 (2) of the Specialized School Regulations is heavy;
2. Determination of sentence - Determination of favorable circumstances: The fact that an agreement is reached with the mutual aid association and the victim, the fact that no previous conviction exists, and reflects it.
(k) Unfavorable circumstances: A person who causes a pedestrian accident in violation of the pedestrian signal on the crosswalk and the result of the damage caused by the death is very serious;
- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.