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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for 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 wing and cargo vehicle B.
On June 18, 2019, the Defendant driven the above vehicle on June 13:52, 2019, and proceeded at a speed of about 70km/h of speed at a speed of about 130km/h of speed with a flow tunnel road located in the Jinan-gun, Man-gun, Man-gun, Man-gun, Man-gun, Man-do.
Since this is within a tunnel, the person engaged in the driving of motor vehicles has a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear well, and to prevent accidents.
Nevertheless, the Defendant neglected to do so and failed to check the front door due to the sending of letters on a mobile phone, etc., and failed to discover a warning flag for driving the victim C(69 years old) who was operating in the front door of the Defendant, and received the front door with the Defendant’s vehicle.
Accordingly, the Defendant caused the death of the victim due to the injury to two parts of the Do, which had been receiving medical treatment from the E Hospital located in the same Gun D around 14:18 of the same day by negligence in the above business.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. The actual survey report on traffic accidents;
1. On-site photographs and photographs of the changeer;
1. A corpse of corpse;
1. An investigation report (related to the closure of suspect mobile phone images and photographs);
1. Application of Acts and subordinate statutes on the results of digital evidence analysis;
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 selection of
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accidents [Type 2], the death of traffic accidents (special person who is a special person], the mitigated element of mitigation: to recover damage resulting from a failure to punish.