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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 a person who is engaged in driving of a marina for collecting waste B.
At around 14:50 on June 20, 2014, the Defendant driven the above cargo vehicle and proceeded at a speed of about 10km from the modern shopping district to about 209 km-ro, Bupyeong-gu, Incheon Metropolitan City toward the front road of 91 Hyundai Apartment 209.
Since this is a road in an apartment complex, there is a high possibility of pedestrians in the vicinity of the course at any time, so the driver has a duty of care to safely operate the steering gear and brake system and prevent accidents in advance.
Nevertheless, the Defendant neglected this and got the victim C (the age of 86) who was walking forward of the cargo vehicle driven by the Defendant due to negligence, and received the front part of the said cargo vehicle.
As a result, the Defendant suffered from the cerebral dyssis and memory disorder due to the cerebral dyssis damage due to the above occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Statement of opinion (whether serious injury is involved);
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. Each written diagnosis;
1. Application of Acts and subordinate statutes to report on investigation (the details of medical treatment of victims);
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the reflection of criminal conduct, the fact that a comprehensive insurance is subscribed, and the fact that a considerable amount has been deposited);
1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] of the Act on the Order to Provide community service and attend lectures: The case where the area of aggravation (eight to one year and six months) (the specially under one year) (the person under special circumstances) (the sentence of sentence] of serious injury (the decision of sentence] of imprisonment without prison labor for eight months, suspension of execution, two years of probation, community service and 240 hours, and 40 hours of attending lectures;