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Defendant shall be punished by imprisonment without prison labor for nine months.
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 January 14, 2016, at around 10:20, the Defendant driven the said car at the front of the front of the front of the Cheongdong-gu, Changwon-si, Changwon-si, Seowon-si, and proceeds at a speed of about 70 to 80 km per hour depending on the two-lanes of the road in the front of the Cheongwon-si.
Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets involved in driving service by reducing speed and by properly examining the right and the right and the right of the road, and to drive safely according to the new subparagraph.
Nevertheless, due to the negligence of neglecting this, the Defendant did not avoid the victim D (61) who cross the crosswalk from the right side of the crosswalk to the left side in accordance with the Mad pedestrian signals, and received the victim's body in front of the car driving by the Defendant.
Ultimately, the Defendant caused the death of the victim who was receiving medical treatment at the MHS Hospital located in Chang-si, Changwon-si, Changwon-si, 15, 76 (Seoul, Dong 2, Dong 2, Dong 15), due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Act and subordinate statutes to de facto survey reports, death diagnostic certificates, accident video CDs;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;
2. According to the sentence decisions, the following circumstances and the defendant's age, sex, family relation, family environment, motive and means of committing the crime, and circumstances after committing the crime.