Text
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving CK5 cars.
On March 7, 2016, around 05:02, the Defendant proceeded along the three-lanes of the three-lanes, one of the three-lanes in the direction of the F Hospital.
At night and at that time, the victim G (V, 79 years old) was crossing the road, so there was a duty of care to check and drive the damage or safety at sufficient intervals while considering the speed reduction and the attitude of the driver.
Nevertheless, the Defendant neglected this and went beyond the part of the victim's body crossing the right side from the left side of the running direction of the Defendant's vehicle without permission.
Ultimately, the Defendant caused the victim to die from the F Hospital located in Daegu Dong-gu, Daegu on the same day at around 05:51 on the same day due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a report on the actual condition of a traffic accident;
1. Application of Acts and subordinate statutes to a investigative report (referring to a death report, a photograph of the scene immediately after an accident, a photograph of the scene of the accident, a photograph of the victim's vehicle, or a photograph of a CCTV
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is the ground for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] In the case where there is considerable fault in the occurrence of a traffic accident or the expansion of damage even for the victim (the victim of February to one year), the victim is not subject to punishment (including efforts to recover damage), and there are unfavorable circumstances such as the occurrence of a serious result in the victim's death due to the instant traffic accident. However, the victim also has a traffic accident.