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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On March 29, 2014, the Defendant is a person driving a Cbea cruise car, and around 05:20 on March 29, 2014, the Defendant was driving the said car and driving on the three-lane road in front of the 36-lane Dor in the Guriri-si, as the building site, at the speed of about 85.97 km from the side of the ridge to the distance of the wholesale market.
At the time, the location is night and the speed limit is 60 km per hour, so in such cases, there was a duty of care to prevent accidents in advance by complying with the speed limit and driving on a person engaged in driving a motor vehicle by checking well the right and the right of the motor vehicle.
However, the Defendant neglected the above duty of care and went beyond the limit speed of about 25.97 km per hour, and turned down the down side of the victim D (the age of 45) to the right side from the left side of the Defendant’s running direction.
On March 29, 2014, at around 06:43, the Defendant caused the death of the victim with a tension in an emergency room of the Hanyang University, Hanyang-si, 153, where the victim was under medical treatment for transmission, by occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. A death diagnosis report and a written record of autopsy;
1. Application of Acts and subordinate statutes, such as a survey report on actual condition, scene of accident and vehicle photographs, image records and photographs, copies of signal cycle signs, and comprehensive analysis of traffic accidents;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [decision of types] for general traffic accidents (the death of traffic accidents) - mitigated factors: In a case where there is considerable negligence on the occurrence of traffic accidents or the expansion of damage even for the victim, the victim is not subject to punishment (decision of the recommended area] / Special mitigation area / from February to October / [the scope of recommendation person].