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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 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 the duty of driving C Costa Car.
On November 13, 2017, the Defendant operated the above car at around 00:25 on November 13, 2017, and came to turn to the left in the direction of the Cheongstro apartment in front of the second and fourth 4th dong Samsung Samsung-ro, Gangnam-gu, Seoul.
Since there is a road where a signal, etc. is installed, the driver had a duty of care to prevent the accident in advance by safely driving the vehicle in accordance with the new code and safely driving the other vehicle on the road.
Nevertheless, the Defendant neglected this and caused the Defendant to go beyond the motor device in front of the left side of the Kaone Star Vehicle because the Defendant did not discover the victim's W125 motor bicycle driving from the direction of the Cheongstrogate to Samsung Central Station by the negligence of entering the red signal intersection in violation of the signal, and caused the Defendant to go beyond the motor device.
Ultimately, around 01:15 on the same day, the Defendant caused the victim’s death due to damage to his body while being treated by G hospital located in Gangnam-gu Seoul Metropolitan Government F.
Summary of Evidence
1. Defendant’s legal statement
1. Video CDs;
1. Application of Acts and subordinate statutes to written autopsy and appraisal;
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 suspension of execution (The confession, agreement, record of crimes, etc.);