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Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.
However, the execution of the above punishment shall be suspended for a period of three 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 B Poter cargo vehicles.
On August 10, 2017, the Defendant driven the above cargo vehicle at around 18:45, while driving it at around 18:45, the Defendant driven it from the right side of the two-lane road in Gangwon-si.
At the time, there is a duty of care to prevent accidents by safely driving the vehicle by properly manipulating the steering gear and operating the vehicle at an appropriate speed so that it does not fall on the surface, and in such cases, the driver has a duty of care to prevent accidents by safely driving the vehicle.
Nevertheless, the Defendant neglected to do so and was driving at a speed exceeding 60 km per hour by speed exceeding 60 km per hour, and was driving at brooms and brooms due to the negligent negligence of the central line, and was driving by the victim E (41 tax). The Defendant was behind the left-hand side of the cargo vehicle driven by the Defendant.
Ultimately, the Defendant caused the victim’s death by occupational negligence, which led to the death of the victim, in light of 23:47 on the same day while he/she was sent back to the Aju University Hospital in Suwon-si, Suwon-si, Suwon-si, and received treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, traffic accident report, photographic images of the vehicles boomed, field photographs, investigation report (the details of the death of the victim), death certificate, body death certificate, body photo of the deceased, and response data of the Road Traffic Authority;
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 stay of execution (i.e., heavy negligence of the accused and heavy consequences, one primary crime, which has been agreed with the bereaved family, and the fact that a comprehensive insurance has been subscribed);
1. An order to attend a course under Article 62-2 of the Criminal Act;