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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is also a person who is engaged in driving a car.
On May 17, 2016, the Defendant driven the above car at around 07:50, and led the front of the road D in front of the North Chang-gun to the ASEAN from the west-Eup to the ASEAN-do.
Since there is a restriction on speed within 60km per hour, in such a case, there was a duty of care to prevent accidents in advance by safely driving a vehicle, such as complying with the restriction speed, thorough operation of steering gear and brake system, etc.
Nevertheless, the Defendant neglected this and proceeded at a speed exceeding 46 km per hour without thoroughly putting the front door, but did not discover the victim E (W, 80 years old) who was crossing the road in the front section of the Defendant, and received the front section of the car driving by the Defendant.
Ultimately, the Defendant caused the death of the victim of the same day by occupational negligence at around 08:42.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A death certificate;
1. A traffic accident analysis and appraisal report;
1. Application of Acts and subordinate statutes for report on internal investigation (the analysis of black stuffed vehicles and images);
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. Suspension of execution under Article 62 (1) of the Criminal Act (contributably considering favorable circumstances, such as the fact that confessions and mistakes are reflected, and that there is a smooth agreement with the bereaved family members of the victim);