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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of C24 tons of cargo vehicles.
On July 10, 2015, at around 15:05, the Defendant driven the said vehicle and proceeded along the two-lanes of the three-lane road, one-lane in front of the transmission market, 16,00,00,00,000, in front of the Incheon Dong-gu, Incheon, Incheon, with the modern ironproof area from the north square of the Dongin Incheon, the Defendant stopped along the red signal in front of the crosswalk and proceeded again according to the green signal.
Since the place is where pedestrians are frequently in the vicinity and the elderly with frequent traffic inconvenience are frequent, there is a duty of care to drive a person who is engaged in driving service, even if a signal is changed, while checking whether there is a pedestrian who walk after the signal of the pedestrian is finished.
Nevertheless, while the defendant neglected to go as it was, the defendant did not discover the victim D (the age of 65) who dried the above crosswalk in the front side of the driving vehicle of the defendant, and instead did not find the victim D (the age of 65) in the front side of the driving vehicle of the defendant, and did so immediately after receiving the victim from the front side of the driving vehicle, and the victim died due to the cardiopulmonary suspension.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;
1. Field photographs, etc.;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] general traffic accidents in Article 62(1) of the Criminal Act where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage even in the area of special mitigation (two to ten months) (special mitigation) (including efforts to recover damage), no penalty (including decisions on a sentence] - favorable circumstances: the defendant's negligence is not heavier than that of the case.