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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 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 B 25 tons car truck.
On October 30, 2012, the Defendant driven the above truck on October 30, 2010, and tried to take back the front road of Gyeonggi Kimpo-si from C to the Margebrop plane.
Since the location is a general national highway with frequent operation of a vehicle, the width of the road is over 3.5 meters, there was a duty of care to look at the road condition for a person engaged in the driving of a large truck, to carefully drive the vehicle after checking the course safety, and to prevent the accident from occurring.
그럼에도 불구하고 피고인은 이를 게을리 한 채 피고인 트럭 후방에 피해자 D(74쪽) 운전의 E 랠리 원동기장치자전거가 서 있는 것을 미처 확인하지 아니하고 그대로 후진한 과실로 피해자의 원동기장치 자전거를 피고인 트럭의 후면 안전범퍼 부분으로 들이받았다.
Ultimately, at around 11:45 of the same day, the Defendant caused the death of the victim due to cardiopulmonary and spine damage at a F Hospital.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. The actual survey report on traffic accidents;
1. Application of Acts and subordinate statutes of a death certificate;
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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the bereaved family members of the victim do not want the punishment of the defendant, and the fact that the defendant is against him);
1. Article 62-2 (1) of the Criminal Act to attend lectures;