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Defendant shall be punished by imprisonment without prison labor for ten 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 the CK7 car volume.
On September 12, 2017, the defendant driving the above vehicle and driving the front road of the Dongwon-gu Seoul Metropolitan Government on Sep. 22, 2017, the 14-lane from the side of the Lone Star-si to the main road of the 14-lane from the side of the Lone Star-si, and driving the vehicle at a speed of about 137km/h of the speed by using the two-lanes of the two-lane road.
At the same time, the surrounding area is china, the speed of restriction on its location is 50km/h, and the crosswalk was located at the crosswalk, so a person engaged in driving service has a duty of care to comply with the restricted speed and to prevent accidents due to the safe progress.
Nevertheless, the Defendant neglected this and proceeded with the speed exceeding 87 km/h, and caused the victim E, who has dried a pedestrian red signal, to the right side of the vehicle driving in front of the Defendant, by shocking the front part of the vehicle driving on the road.
In the end, the Defendant caused the death of the victim on the same day due to such occupational negligence, such as low-blood shock, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);
1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the defendant has no previous convictions in the same way, the victim's bereaved family members have agreed with the victim, and the victim's negligence crossing the pedestrian red signal is also the cause of the instant accident) or more.