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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
On April 27, 2015, at around 05:00, the Defendant driven a Cknife car, and had the roads of six lanes in front of the C-U apartment apartment, which are located in the Hodong-dong-gu Hodong-dong during Ansan-si, go along the two-lanes from the boundary of the limited event distance to the Ho-gu underground road.
In such cases, drivers have a duty of care to safely drive and prevent accidents by accurately operating the steering direction and brakes well, and operating the steering direction and brakes.
Nevertheless, due to the negligence of neglecting the above duty of care, the Defendant did not discover the victim D(58) who illegally crossed from the right side of the Defendant’s line to the left side without permission from the Defendant’s line direction, and received the above line to the right side, and caused the victim’s death due to serious brain damage, etc. around 05:47 of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. 교통사고보고 ⑴⑵, 교통사고 발생보고서
1. Application of Acts and subordinate statutes of a 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of recommendations: Two months to ten months without prison labor;
(a) Type II (Death resulting from Traffic Accidents) in general traffic accident areas subject to special mitigation (two to ten months);
(b) If the victim with a special mitigation has a substantial fault in the occurrence of a traffic accident or the expansion of damage, it is not subject to punishment (including serious efforts to recover the damage);
2. In full view of the fact that the Defendant’s decision of sentencing caused the death of the victim by negligence, but the victim’s unauthorized crossing appears to have caused the instant traffic accident, the victim’s bereaved family members and the Defendant had reached an agreement, which has no criminal power, and the Defendant’s vehicle is covered by a comprehensive insurance policy, the sentence shall be determined as ordered.