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Defendant shall be punished by imprisonment without prison labor for six 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
On January 7, 2019, around 20:30, the Defendant driven the freight vehicle to B, at the intersection of Obacheon-ro, 652, by driving, from C to D, while parking the said freight vehicle at the intersection of the line located at the corner of the end of the private distance intersection.
The defendant's parking place was prohibited from parking or stopping, and in such a case, the driver of the motor vehicle is prohibited from parking, and the driver of the motor vehicle has a duty of care to prevent accidents caused by lights, lights, sidelightss, etc. in advance.
Nevertheless, the Defendant neglected to take any measure, and caused the death of the victim on the job by getting the victim to receive the back portion of the Defendant’s cargo vehicle in front of the Farburged car driven by the victim E (the age of 21) who was parked in the zone where the parking and stopping is prohibited.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. A traffic accident report (1) (2);
1. On-site photographs of the initial measure;
1. Breamboxes, images and CDs of witnesses and vehicles;
1. On-site inspection photographs;
1. A written result of autopsy and postmortem examination;
1. Application of Acts and subordinate statutes governing dives and photographs;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;
3. Determination of sentence of imprisonment: Six months (two years of suspension of execution of imprisonment without prison labor);