Text
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for 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 C strler vehicles.
Around 08:40 on May 12, 2016, the Defendant driven the above vehicle and proceeded two-lane roads from Asan to the luxical slope in front of the Indonesary Ro-ri 606-1, the Indian Department Do-ri 606-1, and the Human Department Do-ri Do-ri Do-si in front of the Indones.
Since the place is located in the center line and the center line of yellow solid lines, in such a case, a person engaged in driving a motor vehicle shall drive the motor vehicle along the tea line, and has the duty of care to prevent accidents in advance by driving the motor vehicle safely, such as clearly displaying the right and the right of the front line.
Nevertheless, the Defendant neglected to drive a stroke while driving a stroke, and was driven by the negligence of shocking the central separation zone on the left side of the driving direction and the negligence of strokeing the central line on the left side of the driving direction by the victim D (the age of 44) who was normally proceeding on the opposite lane, received the front portion of the E-W car.
Ultimately, at around 09:20 on May 12, 2016, the Defendant caused the death of the said victim at G Hospital, due to brain damage, two-resistant transfusion, etc., which was located in Asan City F on May 12, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Statement and image of the traffic accident report;
1. Each description of the body, the autopsy report (D) and the autopsy report;
1. Application of Acts and subordinate statutes on images of photographs;
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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Scope of punishment by law: Not less than one month but not more than five years;
2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] traffic crimes, and types 2 (Death of Traffic Accidents) (Special Aggravation) from among general traffic accidents, and the punishment and non-prosecution factors (the scope of the recommended sentence] of imprisonment without prison labor for not less than 4 months but not more than 1 year;
3. Determination of sentence: Defendant who is sentenced to a stay of two years in August of his imprisonment without prison labor; and