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Defendant shall be punished by imprisonment without prison labor for one year.
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 of a motor vehicle E. A. D.
On April 12, 2017, the Defendant driven the above car at around 20:25, and driven the two-lane road near the Dongcheon-dong, Busan-dong, along the five-lane intersection, from the parallel parallel to the Dongcheon-dong.
Since the victim F was driving a bicycle on the front side of the road along the road along the roadside, in such a case, the defendant, who is engaged in driving of the motor vehicle, had a duty of care to care in advance to prevent the accident by properly manipulating the steering direction and the brake system.
Nevertheless, the Defendant, without properly seeing the front door, proceeded as it is without properly operating the steering direction and brakes, and received the front part of the above bicycle as the front part of the above car and got the victim up to the floor.
Ultimately, the Defendant’s negligence on the 16th day of the same month, around 08:04, caused the death of the victim at the Busan National University Hospital, which was located in 179, Seo-gu, Busan, Seo-gu, Seo-gu, Busan, to have a pressure on brain due to an external blood transfusion.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a 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. The reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution is that the Defendant’s negligence to cause the death of the victim, and thus, the liability for the crime is not easy. However, there is no record of criminal punishment for the same crime except for the criminal punishment for a period of two years of suspended execution on March 1978 due to the crime of injury by occupational negligence. The Defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime.