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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 of the traps.
On February 29, 2016, the Defendant driven the above vehicle at around 20:10, and proceeded at a speed of about 50 km from the airfield shooting distance to the speed of Masan distance.
At the time, there was a difficulty in surrounding areas at night, and in such cases, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a prior duty of care.
Nevertheless, the Defendant neglected this and proceeded to the right side of the victim E (the age of 53) who dried the above road to the port from the right side of the Defendant’s course by negligence, and received the parts of the Defendant’s cargo fronter.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence at around 20:17 on the same day by causing brain injury to the victim at the site of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to a survey report on actual condition, report on the occurrence of a traffic accident, and death certificate;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] In the case where there is considerable negligence on the occurrence of a traffic accident even to the victim in the area of special mitigation (two to one year) (special mitigation) (special mitigation) (the victim, a person subject to special mitigation], there is no penalty (a sentence decision] under the unfavorable circumstances such as the occurrence of a serious result of the victim's death due to the instant traffic accident, but there is considerable negligence on the occurrence of a traffic accident due to the victim's unauthorized crossing, the victim's bereaved families do not wish to punish the defendant separately from the victim's comprehensive insurance, and the victim's bereaved families do not wish to punish the defendant.