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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 a period of 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 low-priced car.
On January 16, 2016, the Defendant driven the above car at a speed of about 40 km in the speed of about 10 km from the south East-gu Incheon Metropolitan City E, along two-lanes to the south East-do Authority, by driving the said car at a speed of about 19:5.
In this case, there was a duty of care to prevent accidents by driving a person who is engaged in driving a motor vehicle and driving the motor vehicle well.
Nevertheless, when the Defendant neglected to do so and did not look at the front, the Defendant got out of the right side of the victim F (58 years old) who crossed the road to the port from the right side of the automobile of the Defendant on his own by negligence, and received the front side of the Defendant’s car.
Ultimately, the Defendant caused the victim to die with a tension in the first-aid vehicle that transferred the victim to the emergency medical center located in 774-gil 21, Namdong-gu, Incheon, Namdong-gu, Incheon on the same day due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A survey report on actual conditions;
1. A corpse death certificate;
1. Application of Acts and subordinate statutes to photographs of the scene of the accident, and photographs of the shock part of the vehicle;
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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection and Observation, etc. of the same Act is not good in light of the circumstances and the result of the instant crime committed by the victim, which led to the death of the victim by neglecting his/her duty of care and neglecting his/her duty of care. However, the victim's bereaved family does not want the punishment of the defendant, and the victim's bereaved family members are covered by a comprehensive insurance.