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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for 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 K5-car.
On April 9, 2016, at around 05:25, the Defendant driven the said vehicle at a speed of about 60km/h/h of speed by driving the said vehicle at a speed of about 60km, depending on the two-lanes, from the luminous rock to the luminous terminal surface.
At that time, signal lights are installed on the front side, and at that time, they were hard to be around. Therefore, a person engaged in driving a motor vehicle has a duty of care to observe the signal and prevent accidents by properly examining the front, rear, and left and right of the motor vehicle.
Nevertheless, the Defendant neglected this and found the victim C who crosses the crosswalk without permission from the left side of the running direction of the Defendant to the right side of the road due to the negligence that the Defendant violated the signal signal crossing and entered the intersection, thereby leaving the floor above the floor by shocking the victim who was damaged by the front driver of the said vehicle.
Ultimately, the Defendant caused the death of the victim from the above occupational negligence, i.e., a low-blood shock, etc. caused by traffic accidents.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to death certificates;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences by law: One month to five years; and
2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for up to ten months (the scope of the recommended punishment) for general traffic accidents in the area of special mitigation (up to 10 months) (up to 2 months for special mitigation) (up to 10 months for victims) for the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage).
3. The Defendant’s age, sex, environment, health conditions, details of the commission of the offence, and the principal normal relationship to be considered below the sentence.