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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 a period of 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 D 15 tons dump truck.
On December 7, 2015, the defendant operated the above truck on December 11:45, 2015, and proceeded to turn to the left from the 3th national road section of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, prudent cross-section.
At the same time, the driver had a duty of care to safely drive the vehicle to prevent the accident by safely driving the vehicle to reduce speed and enter the intersection by looking at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right
Nevertheless, the Defendant neglected this and received the front part of the upper right side of the above truck as the front part of the above truck by negligence.
Ultimately, the Defendant, at around 15:55 the same day, caused the victim to die at the Emergency Medical Center at the 82 Healthy University Woo-si, Chungcheongnam-si, as the foregoing occupational negligence, at around 15:55.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. The actual survey report and on-site photographs;
1. Sending a traffic accident analysis report;
1. Application of Acts and subordinate statutes to death certificates;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Application of the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, and Type 2 (Death, etc. by Special Sentencing): Reduction element: Non-existence of punishment (the scope of the determination of the recommended area and the range of the recommended sentence] mitigation area, the credit cooperative from April to one year;
2. Circumstances unfavorable to the decision of sentence: The defendant's negligence is not less severe in light of the circumstances of the occurrence of this case, and the victim dies due to the crime of this case.