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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 August 25, 2015, at around 01:55, the Defendant driven a 1 ton of b 1 ton, and proceeded with the three-lane road in the vicinity of the Namcheon-dong, Namcheon-gu, Busan. At the time, the surface was miled at night at the night, and it was difficult to turn off the front-round city due to the light of the vehicle’s headlight coming from the opposite direction. In such a case, a person engaged in driving service was negligent in neglecting his duty of care to reduce speed and drive the said road in good manner while neglecting his duty of care, and caused the victim C, who crossed the said road as a one-lane from the center line, to die without delay, resulting in the death of the victim due to damage to his body in the face of the vehicle without delay.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes of each body of autopsy;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. The sentencing of Article 62(1) of the Criminal Act requires strict punishment against the accused when considering the fact that the victim died as a result of the instant crime on the grounds of suspended sentence.
However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, etc., are considered to have been considered in the first offense without any criminal power, and the victim's unauthorized crossing seems to have given a big cause to the accident. In addition, the sentencing conditions specified in the arguments of this case shall be determined like the order.