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1. The defendant shall be punished by imprisonment without prison labor for four months;
2. Provided, That 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 Cknife car.
At around 18:27 December 24, 2014, the Defendant: (a) moved bypass the road at the entrance of the Jyangyang-gu, Yyang-gu, Yyangyang-gu, Jyangyang-gu, in the direction of eurging from the chronic side of the Jyang-Eup.
At the entrance of alley, it was difficult for a person engaged in driving a motor vehicle to have no street lamps at the entrance of alley. In such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door and the left door, and accurately manipulating the steering direction and the brakes, thereby preventing accidents.
Nevertheless, the Defendant neglected to perform his duty at the front-time and did not discover the victim D(72 years of age) who was over the alleyway due to occupational negligence that led to a full by the Defendant’s failure to discover the victim D(72 years of age) and served the victim with the Defendant driving vehicle.
After all, the Defendant, around 19:19 on December 24, 2014, resulted in the death of the victim due to the sudden prolonged damage of the victim at the Green Hospital located in the Mayang-Eup, Chungcheongnam-do.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on photographs, such as a fact-finding report and field photo of a traffic accident, a death certificate, a chronic Ri center ctvfa, a photograph by cutting down a vehicle boxe image;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months or for not more than October, general traffic accidents which are subject to special mitigation areas: In cases where the victims have committed considerable negligence on the occurrence of traffic accidents or the expansion of damage, a penalty surcharge shall not be imposed.
3. Determination of sentence: The victim of the instant traffic accident for four months of imprisonment without prison labor or two years of suspended execution is under damage, but the defendant is in depth against his first offender.