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Defendant shall be punished by imprisonment without prison labor for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the driving of a cargo vehicle B.
around 18:00 on October 23, 2019, the Defendant was driving a cargo vehicle at the Michuhol-gu Incheon Metropolitan apartment Ddong parking lot, Michuhol-gu, Incheon.
At this point, there was a parking lot in an apartment that is anticipated for pedestrians, and the victim E (the age of 88) depend on the pedestrian aids and walked towards the above cargo vehicle. Therefore, there was a duty of care to prevent accidents by driving a driver, who is engaged in driving a motor vehicle, and accurately manipulating the steering gear and brakes.
Nevertheless, the defendant did not discover the above victim due to negligence, and received the victim with the rear part of the above cargo vehicle and went beyond the floor.
Ultimately, around October 25, 2019, the Defendant caused the death of the victim from the G Hospital located in the Nam-gu Incheon Metropolitan City F due to such occupational negligence at around October 15:47, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A death certificate;
1. Application of the Acts and subordinate statutes concerning each on-site photograph and CCTV closure photograph;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Article 62 (1) of the Criminal Act (a favorable condition among the reasons for sentencing below)
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. One to five years from a credit cooperative within the scope of punishment by law;
2. Scope of recommended sentences according to the sentencing criteria;
(a) The death or injury of a traffic accident in general (type 2) shall be caused by a final traffic accident;
(b) The basic area of the recommendation field and the scope of the recommendation type (the period from August to two years);
3. Circumstances disadvantageous to the determination of sentence: At the time of the crime, the defendant could have sufficiently avoided the accident if he had paid a little attention, but the defendant could not avoid the death of the victim.