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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 B-II cargo vehicles.
On June 12, 2017, the Defendant driven the above cargo vehicles around 13:40 on June 12, 2017, and turned back the way ahead of the D convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, along with the back road from the front door of the Go Young-gu and the back road to the market room.
Since there is a crosswalk, in such a case, the driver of the vehicle has a duty of care to safely drive the crosswalk by accurately operating the steering gear and steering the steering gear.
Nevertheless, the Defendant neglected this and caused the damage to the road by taking the front part of the bicycle side of the victim E (son, 76 years old) driving on the left side of the crosswalk in the right side of the victim E (son, 76 years old), which was the left side of the road from the right side of the defendant's driving freight.
Ultimately, at around 14:40 on June 14, 2017, the Defendant caused the victim to die due to the above occupational negligence, from both sides of the instant plant located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Special Metropolitan City (Seoul Metropolitan City), the Sungnam-ro Hospital of the Sungnam-gu to death.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. The application of Acts and subordinate statutes on the survey report, death diagnosis report, and autopsy protocol;
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 Act on the Suspension of Execution provides that the Defendant’s negligence is not less and more severe than that of damage caused to the death of the victim on the crosswalk by shocking the victim on a bicycle for the reason of sentencing under Article 62(1) of the Criminal Act.
There are criminal records punished for drinking driving.
However, it is agreed with the bereaved family members of the victim, the victim's moving the bicycle to the opposite direction to the road driving direction on board the bicycle, and the defendant is shocked with the defendant, and the age and age of the defendant.