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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 a 50-year agricultural track.
On July 1, 2018, the Defendant driving a Trackor around 11:50 on July 1, 2018, which led to the advanced paths in Ansan-dong village.
The driver of the vehicle has a duty of care to prevent the accident by accurately manipulatinging the steering gear and the steering gear. In this case, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating the steering gear and the steering gear.
Nevertheless, the Defendant neglected this and neglected to drive D 125 cc Bada which was driven by the victim C (64 cc) who was negligent in neglecting the ebbbbbb in the front bank, and received the front part of the ebbba as the Defendant's Trackter.
As a result, the Defendant caused the victim to die of an external wound in his/her workplace due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Application of Acts and subordinate statutes concerning postmortem records;
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 suspension of execution (the following favorable circumstances):
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] The following shall be determined as ordered by comprehensively taking into account the following factors: (a) the mitigation area of punishment [the person who has been specially mitigated] [the degree of negligence (including his/her efforts to recover damage] the degree of negligence, the result of his/her death, etc.; (b) the liability for the crime is not less weak, but the victim's bereaved family members are recognized of mistake, the victim's agreement has no record of criminal punishment exceeding the fine; (c) the defendant's age, sex behavior, environment, circumstances leading to the crime, circumstances leading to the crime, etc.