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Defendant shall be punished by imprisonment without prison labor for two years.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a Bchip car.
On August 16, 2020, the Defendant driven the above car at around 04:50, while driving it, and the number of D-do roads in the front of the D-do in Yong-gu, Suwon-si, Suwon-si, the Defendant was driving at a speed of about 137 km in speed from the side of the roadway to the transfer distance, depending on one lane.
At the time, night and its limit is 60km per hour, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents due to the safe operation of the passenger vehicle by complying with the speed limit and driving the steering direction and operation system of the motor vehicle in a safe manner.
Nevertheless, the Defendant neglected this and proceeded with the said car at a speed of about 137 km per hour beyond the limit (60 km in the city) and caused the victim to go beyond the floor by taking the back part of the F MW101 motor device bicycle driving by the victim E ( South, 40 years old) who is changing from the two lanes to one lane on the same road.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the H hospital located in Suwon-si G around August 16, 2020 in Suwon-si, Suwon-si, which caused the death of the victim due to the external brain injury.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. A traffic accident report (on-site investigation report, etc.) internal investigation report (on-site image of a wooden vehicle), investigation report (the details of the traffic accident analysis report), traffic accident EDR analysis report, traffic accident analysis report, traffic accident analysis report, traffic accident analysis report, and photograph on the scene of the accident;
1. Application of Acts and subordinate statutes to dead bodies;
1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;
1. Scope of punishment by law: From January to five years of a credit cooperative;
2. The scope of the recommended punishment according to the sentencing criteria (a type of determination).