Text
1. The defendant shall be punished by imprisonment without prison labor for four months;
2. Provided, That 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 who is engaged in driving a rocketing car.
At around 13:55 on April 30, 2015, the Defendant driven the above vehicle, and proceeded ahead of the Franchising point in Gwangju Northern-gu E from the direction of the waterworks business headquarters to the Gwangju-si, caused the death of the victim G (33 years old) driver's Habal part of the victim G (33 years old) driver's Habal, who is left right at the right right side of the Defendant's course, due to the shock of the victim's Habal part of the front Habal part of the victim's G (33 years old) driving, who is left right side from the direction of the Defendant's course, by driving the above vehicle at around 14:25, the victim was 139 Dohon-ro 51 (duamdong-dong) from the Gwangju-gu North Korean Hospital located in Gwangju-gu, Gwangju-gu, 13
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a survey report on actual condition, CCTV reading photographs at the scene of an accident, photographs of the scene of an accident, or a corpse inspection report;
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;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months or for not more than October, general traffic accidents which are subject to special mitigation areas: In cases where the victims have committed considerable negligence on the occurrence of traffic accidents or the expansion of damage, a penalty surcharge shall not be imposed.
3. Determination of sentence: The sentence shall be determined in accordance with the sentencing guidelines, in consideration of all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc., for four months of imprisonment without prison labor, one year of suspended sentence, as shown below.
A disadvantageous condition: The victim's death is serious and the result of damage is serious.
The favorable circumstances are considered as a first offense, and it is against the depth.
The bereaved family members of the victim shall not want the punishment of the defendant by mutual consent with the bereaved family members.