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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 a B-type truck.
On July 22, 2017, the Defendant driven the above truck around 09:20, and led D- way in front of the city of Busan to the west from the same side of the market.
At this point, since it is a place where many unspecified merchants and consumers pass through, a person engaged in driving service has a duty of care to see the future well and to properly operate steering and brakes and to safely move back them.
Nevertheless, the Defendant neglected this and did not see the rear side properly, caused the victim E (62) who passed the above road to the right side from the left side of the Defendant’s running direction to go beyond the ground by taking the right side body of the victim E (62) who passed the above road as the loaded part of the Defendant’s driving vehicle’s freight.
around 12:27 August 2017, the Defendant caused the death of the victim due to such occupational negligence with a multi-life long-term corrosion at the Busan large Hospital located in 179, Seo-gu, Seo-gu, Busan, Seo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report (1) a actual survey report;
1. Application of Acts and subordinate statutes of a death certificate;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents [the scope of sentencing guidelines] - Types 2 of general traffic accident (the occurrence of traffic accident) (the reduction area from April to one year) - Special mitigated person: In addition, although the result of the death of the victim, there is no gross negligence falling under any of the subparagraphs of Article 3(2) proviso of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the victim's bereaved families and family members have agreed smoothly with the victim, the defendant's age, sexual behavior, environment, motive and motive of the crime shall be considered.