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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 CK5 cars.
On May 2, 2018, the Defendant driven the above car on May 2, 2018, and driven the three-lane road in front of the race city from the four-distance side of thecheon-gun to the X-Pamp-distance. The Defendant driven the three-lane road at the speed of about 20km along one-lane.
At the time, there was a place where the center line of the yellow-ray was installed at night, so there was a duty of care to prevent accidents by thoroughly driving the vehicle in front and safely driving the vehicle.
Nevertheless, in order to enter the roads adjacent to the above D building, the defendant was driven by the franchise vehicle of the victim E (W, 50 years old) driving, which was going to the four-distance distance from the center line to the Ne-Gun opposite road by the negligence of the defendant, in order to enter the roads adjacent to the above D building, in front of the above K5 vehicle driving.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence on May 2, 2018, at the emergency room of the Dong University race Hospital located in 87, Dong-si, Sim-si, Dong-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the prosecutor with respect to the prosecution;
1. Application of Acts and subordinate statutes on police statements made to the police;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and
1. Application of the sentencing guidelines [the types of decisions] Traffic crimes, general traffic accidents, death from traffic accidents (type 2] [the person subject to special sentencing] mitigated factors: In cases of aggravation of punishment (deposit of a considerable amount): Where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [the scope of recommended punishment] 8 months to 2 years (the basic area);
1. Sentence;