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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment 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 of Bsch Rexton vehicles.
On September 21, 2016, the Defendant driven the above vehicle at around 11:25, and was going to proceed from the direction of the South-west hospital in the direction of the South-west East-west University, Yan-do.
However, since there is a long distance crossing from which the driving of a motor vehicle is prohibited, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle in compliance with traffic laws and regulations.
Nevertheless, the defendant received the part on the right side side of the defendant's vehicle, as the part on the right side side of the victim's vehicle, by neglecting the DCA1105 Oral Ba, which was driven by the victim C(78) driving on the right side of the defendant's front side.
around 02:10 on September 23, 2016 due to such occupational negligence, the Defendant caused the victim to die at the Ganpo Korean Hospital located in Ganpo-ro 483, Nampo-si, Nampo-si, Nampo-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A death certificate;
1. A report on the occurrence of a traffic accident and a report on actual investigation;
1. Traba photographs, black stuffs image photographs, site photographs, on-site photographs, on-site surveys photographs, and traffic accident intensity;
1. Application of Chapter 1 Acts and subordinate statutes to black booms video CDs
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;
2. The Defendant, who was sentenced to a sentence, caused the instant accident by negligence where he illegally overtakeed.
Considering the fact that the result of the victim's death occurred due to the accident of this case, it is necessary to strictly punish the defendant.
provided, however, that a specific sentence is imposed.