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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On October 17, 2015, the Defendant driven the above car at around 20:13, while driving the national highway No. 42 of the two-lanes, which is located in Ischeon-si Unit, from the two-lanes to the two-lanes, the Defendant continued to drive the national highway No. 173 at about 97.1km from the two-lanes.
At the time of night, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle and observing the specified speed while driving the vehicle thoroughly, as well as the speed of the above road was 80km per hour.
Nevertheless, the Defendant neglected to do so and did not find the warning flag of the victim C (63 Do) which was earlier due to excessive negligence, and received the left rear part of the said light flag with the front part of the right part of the said passenger car.
Ultimately, at around October 18, 2015, the Defendant caused the above victim’s death due to the damage of light water at the E hospital located in the wife population D in Young-si around October 18, 2015 by occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police of the F;
1. (1) (2) and the occurrence of a traffic accident;
1. Protocol of inspection;
1. Application of statutes on field inspection 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 on the suspended sentence [Scope of Recommendation] General Traffic Accidents of Type 2 (Death by Traffic Accidents) (In April to October), the mitigation area (including special mitigation persons), the punishment of non-members (including efforts to recover damage), the suspension of execution of imprisonment without prison labor for four months (the first crime and agreements with the victim's bereaved family members);