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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 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 a car Ci30.
The Defendant, at around 00:40 on January 10, 2016, along the 6-lanes in front of the recommending bridge located in 646, as in the Seo-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City on January 10, 201.
From the side of the plaza to the south apartment, the left turn to the left at about 40 km each hour according to one lane.
At the time of night, there was a crosswalk in which signal lights are installed at the front of the defendant's moving direction, and thus, there was a duty of care to check whether there is a person who gets involved in driving of a motor vehicle to reduce speed and to check the front door well and prevent accidents in advance.
Nevertheless, the Defendant neglected to do so and did not look at the front door, and did not discover a bicycle driven by the victim D (W, 51 years old) who passed the crosswalk at the right-hand side of the Defendant’s driving direction, which was driven by the Defendant, without finding any bicycle driving the above bicycle in front part of the right-hand side of the said car, and caused the victim to die with pressure on brain at the hospital of the previous North Korean University located in the Jindong-gu Seoul Special Metropolitan City on the 15th day of the same month, Jin-gu, Seoul Special Metropolitan City on the 20th day of the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A traffic accident report, a traffic accident occurrence report, and on-site photographs;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence [the scope of recommended sentence] [the scope of recommendation] under the category 2 of the General Traffic Accidents Act (the type 2 to 10 months) [the victim] under the area of special mitigation [the victim] is also negligent in causing traffic accidents or expanding damage, the victim is not subject to punishment.