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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for five years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of C Dokdo-Bk Cargo Vehicles.
On May 8, 2013, the Defendant driven the above vehicle without obtaining a driver's license on May 00:38, 2013, and proceeded at an insular speed near the two-use oil station in Ansan-si, Ansan-si.
In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle by taking the front side and the left side well.
Nevertheless, the defendant neglected this and proceeded as it is, and the part of the bicycle driven by the victim D (the age of 38) who was driven by the victim D (the age of 38) prior to the same direction was moved back to the right part of the front part of the vehicle
Ultimately, the Defendant, by occupational negligence, caused the death of the victim with multiple-explosion, and at the same time, destroyed the bicycle repair cost to amount to KRW 33,00,00, and did not immediately stop and run away without taking measures, such as aiding the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to a survey report on the actual condition, a postmortem report, each investigation report (the ledger of driver's license, attachment of a disqualified data list, CCTV verification and investigation into CCTV around the site, and attachment of bicycle estimates);
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavier punishment
1. Selection of penalty;