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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
Criminal facts
The defendant is a person who is engaged in driving of B-si.
On August 7, 2014, the Defendant driven the above taxi on August 22:30, 2014, and led the front of the entrance of the name valley, underground, which is located in the wning-dong of the window in Changwon-si, Changwon-si, to the name plaza from the side of the Gyeongnam-do Office along one-lane.
Since the restricted speed is 70 km per hour, a person engaged in driving of a motor vehicle has a duty of care to observe the restricted speed and prevent the accident from occurring due to his/her bad mind.
Nevertheless, as the Defendant neglected this and neglected the speed exceeding 27 km a hour, the Defendant got the victim C (51 years of age) who crossed the road from the right side of the front bank to the left side of the front bank due to negligence in the course of his duties.
Ultimately, around August 7, 2014, around 23:36, the Defendant caused the victim to die due to serious brain damage at the E Hospital located in D at the window of Changwon-si, Changwon-si.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. A death certificate;
1. A report on investigation (Presumption of speed);
1. Application of the photographic Acts and subordinate statutes;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Selection of alternative imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] general traffic accident [the special mitigation [the victim]] is also negligent in the occurrence of traffic accidents or the expansion of damage, not subject to punishment (including a serious effort to recover damage] [the circumstances in consideration] - Basic contents such as the background of the accident, the details of the damage, etc. - The fact that the victim was injured while driving a motor vehicle with a significantly limited speed and resulting in death. The accident place is one-lane prior to the entry into the underground passage among four lanes, in which it is difficult to predict the appearance of pedestrians.