Text
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 becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is engaged in driving of C Coin car.
On December 27, 2015, around 09:10, the Defendant came to proceed at a speed of at least 88 km at a speed of at least 88 km, depending on the three-lanes from the shooting distance room to the inner intersection.
Since there are frequent traffic of pedestrians as an intersection with a crosswalk with a speed of 60 km per hour, there is a duty of care to safely stop accidents by safely driving the crosswalk, such as complying with the speed limit to the person engaged in the driving of the motor vehicle, and how it is well possible for pedestrians to walk the crosswalk.
Nevertheless, the defendant neglected this and found the victim D (Woo, 79 years old) late to left from the right side of the defendant's running direction due to the negligence in which the speed exceeds 28 km per hour, and caused the victim to go beyond the right side of the driver's vehicle.
The Defendant by occupational negligence caused the death of the victim at an low-tension shock from pulmonary damage in an emergency room of the Kannam University Hospital located at 170 o-gil 22 of the Gu Manyang-ro 10:09 on the same day while the victim was under treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E;
1. Report on a traffic accident, report on an investigation (verification of unauthorized crossing of a victim), and report on an investigation (to reply with speed appraisal of a victim's vehicle);
1. A death certificate;
1. The application of the Acts and subordinate statutes on the closure of the ITS video in Gyeyang-gu, the closure of private CCTV images around the accident site, field photographs, etc. (No. 5 No. 5 of the evidence list), and the photograph of victims;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Social service order under the Criminal Act;