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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of a leisure car.
On May 11, 2015, the Defendant driven the above car on May 17:12, 2015, and led the front side of the 212-11 member green apartment, Dobong-gu Seoul, Dobong-gu, Seoul, to proceed to the apartment of Shindong at the center for the Green Village.
There was a place where a large number of pedestrians appear on the backway, so the driver of the vehicle has a duty of care to prevent accidents by reducing speed in advance and accurately manipulating steering devices and brakes.
Nevertheless, the Defendant neglected this and caused the death of the victim E (the second-year old) who was moving into a mast road due to the negligence of driving the said car as is, and continued to be charged with the front left-hand side and the rear wheels of the said car.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to F and G;
1. A traffic accident report;
1. Accident site and vehicle photographs;
1. The application of Acts and subordinate statutes to photographs of dead bodies, reports on autopsy, and field inspection 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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and
2. The scope of recommendations on the sentencing criteria [the scope of recommendations] the general traffic accident category II (the death of traffic accidents) (the safe of April to October) (including special mitigation) and the area of mitigation (including serious efforts to recover damage).
3. Although the Defendant’s decision of sentencing neglected his duty of care to cause the instant traffic accident, resulting in the death of the aged female victim, the criminal liability is not minor as a result of the serious consequence. However, the Defendant’s depth of his/her criminal act and reflects with his/her family members, and the Defendant agreed with his/her bereaved family members.