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Defendant shall be punished by imprisonment without prison labor for ten 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 of B-II cargo vehicles.
On February 10, 2018, the Defendant, at around 16:50, proceeded from the south of South, South, South, South, west, to the port of 1:5-19, in the way of calculating the 65-19-lane, one lane ahead of the Twit-do, one way from the south coast of the road.
A person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating the steering gear and to prevent accidents by safely driving the steering right and the right and the right.
Nevertheless, the Defendant neglected this and proceeded with the victim C (59) who was working on the road on the right side of the road due to negligence, without examining the front side of the cargo, and continued to serve the victim with the front side of the cargo vehicle.
Ultimately, the Defendant caused the death of the victim by occupational negligence at the Joseon University Hospital located in 365, based on the Gwangju Dong-gu, Gwangju, about 00:30 on February 12, 2012.
Summary of Evidence
1. The defendant's legal statement 1. D and E each police statement;
1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of each traffic accident;
1. Protocol of inspection;
1. On-site evidence and photographs;
1. Each internal investigation report and each investigation report;
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 the 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 for community service work;
1. The area where the sentencing criteria are applied [the scope of recommended punishment] and the area where the sentencing criteria are mitigated by two types of general traffic accidents: April to one year (the area where the punishment is not imposed by a special mitigation) of imprisonment without prison labor for a credit cooperative;
2. The defendant's negligence in the decision of sentencing led to a result that he could not take care of the victim's death even though he was the victim's death.
The defendant could prevent the accident of this case if he faithfully fulfills his duty of early payment or her driver is able to keep the tea well.