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Defendant shall be punished by imprisonment without prison labor for six 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 a vehicle B in the same year.
On January 10, 2020, at the lower village of the Nam-gu Incheon Metropolitan City on January 10, 31, 2020, the Defendant proceeded in one way, one of the two-lanes, one way from the area of Mancheon-gu, Incheon Metropolitan City, to the area of the main stream.
Since there are only one way, and there are pedestrians crossing the road because parking line is set on the road, the driver of the motor vehicle has a duty of care to check whether there is a person driving the motor vehicle thoroughly focusing on the right and the right and the right and the right and the right of the motor vehicle and to accurately manipulate the steering direction and the brake system and prevent the accident in advance.
Nevertheless, the defendant neglected this and did not discover the victim C (n, 77 years old) who was crossing without permission in the front of the mastal in the front of the mathy, and was driven by the defendant prior to the operation of the Hastal in the same year.
After all, the Defendant caused the injury to the victim due to the above occupational negligence, and caused the death of the victim in the process of hospitalization on March 29, 2020.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes of a death certificate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents (special-speed persons] - mitigated factors: In the event that the victim has gross negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including the recommended area and the scope of recommendation] (including efforts to recover damage), special mitigation areas, and credit cooperatives.