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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above sentence 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 a truck truck truck driver with 25.5 tons of X-M.
On December 11, 2017, around 23:38, 2017, the Defendant directed 38 lanes on the National Road of 38 degrees in front of the Busan Central Government Agency, which is located 8-lanes of 2-lanes of the Busan Central Government Agency, at a speed of about 40km from the IC on the west of the coast Highway, at the speed of about 40 kilometers in length to the front port of Hyundai Jeju National Road.
At all times, traffic control is not carried out, and at night, the driver of the motor vehicle has a duty of care to take care of the front door and the left door and the left door, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.
Nevertheless, the Defendant neglected this and did not discover the victim E (E and 32 years old) driving bicycles in the same three-lanes as above, and did so, due to the negligence of not discovering the victim E (E and 32 years old) driving bicycles, followed the part behind the victim's bicycle driving by taking the front part of the victim's bicycle driving at the time of driving X EX, as is, and got the victim go beyond the victim's surface.
Ultimately, the Defendant caused the victim's death at the site due to the above occupational negligence due to the diversity damage, such as the flaging of the head, the flag, and the brain of the brain.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, report on a traffic accident, photograph, and 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. The punishment shall be determined as ordered in consideration of all the conditions of the sentencing, including the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the serious result of the death of the victim; (c) the agreement with the bereaved family members; and (d) the defendant's age, sex, environment; and (e) the circumstances leading to the crime