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Defendant shall be punished by imprisonment without prison labor for one year.
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 a C Poter cargo vehicle.
On November 5, 2016, the Defendant driven the above cargo vehicle at around 10:25, and continued to pass the intersection of the private distance in front of Gangseo-gu Seoul Metropolitan Government D, Gangseo-gu, Gangseo-gu, Seoul, to the seat of the hotel of the Gurmmp hotel.
At the time, there are pedestrians crossing a crosswalk with signal lights in accordance with pedestrian signals. In such a case, the driver had a duty of care to safely drive the crosswalk while driving along the right side of the road in advance, and the driver had a duty of care to safely drive the crosswalk after the passage of the pedestrian is completed.
Nevertheless, the Defendant neglected to do so and neglected to neglect and bypassing the pedestrian signals, led the victim E (the age of 75) to the front part of the Defendant’s vehicle with the upper part of the upper part of the Defendant’s vehicle, thereby leaving the floor.
Ultimately, around November 9, 2016, at around 10:35, the Defendant caused the death of the victim at the Egrative hospital located in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-ro 1071 due to the foregoing occupational negligence, due to the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spon.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to the survey report and death certificate;
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. Conditions favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the victim has agreed with his/her bereaved family members, and the motor vehicle comprehensive insurance has been subscribed;
(k) Unfavorable circumstances: At the same time, the defendant's negligence is serious and serious result of his death occurs, and there are many previous criminal records, drinking and unlicensed driving.
point 0. Other.