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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant is a person who is engaged in driving of a three-dimensional vehicle.
On October 24, 2015, the Defendant driven the above vehicle at around 18:17, and driven the front road of the “E hotel” in D at the window of the Changwon city, along the two-lanes of the two-lanes, the Defendant driven the above vehicle at the window of the Changwon, and driven the front road at the window of the Changwon, along the two-lanes.
At the same time, the signal apparatus was installed at the front, and even though the signal of the signal was changed from the red signal to the red signal, the vehicle parked in the right side of the defendant's proceeding without departing from the driving direction, so the automatic driver has a duty of care to reduce the speed, properly look at the right and the left, and safely drive the accident, and prevent the accident from spreading.
Nevertheless, the defendant's negligence of neglecting the front city and proceeding as it is, and the victim F (V, 13 years old) who was crossing in contravention of the signal on the crosswalk was proceeding on the left side of the defendant's proceeding.
G taxi was not found to have been tryed to avoid, and the victim was faced with the body part in front of the above-mentioned vehicle without finding the fact that he was able to avoid.
Ultimately, the Defendant caused the victim to suffer injury, such as cerebrovascular damage, etc. due to such occupational negligence, and caused the death of the victim due to the cardiopulmonary suspension in the course of receiving the follow-up treatment at the Busan Shipping Daegu Shipping Co., Ltd. (875), around November 10, 2015, at the Busan Shipping Daegu Shipping Co., Ltd. (hereinafter referred to as the “Seoul Shipping Daegu Shipping Co., Ltd.”).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of H with respect to the police;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Selection of a credit cooperative without prison labor for punishment;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim is negligent in causing traffic accidents or expanding damage even for the victim (the victim of February to one year) in the area of special mitigation (the victim of special mitigation) (the victim of February to one year).