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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 engaging in driving a motor vehicle B.
On August 1, 2015, the Defendant driven the above vehicle at around 00:30 on August 1, 2015, and started two lanes on the two-lanes of the DPG charging 50 meters in front of the DPG charging station located in the village at the time of racing, from the border of the Dong, the Defendant directly promoted the two-lanes of the DPG charging station at the seat of the Dong.
At the time, there is a road at night and where there is no separate bicycle road, and in such cases, a person engaged in driving service has a duty of care to ensure safe driving by accurately operating the steering and brakes while keeping the safety distance.
Nevertheless, the Defendant neglected to do so and tried to see the rear part of the victim E (M, 70 years old) driver's 3-wheeled bicycle riding prior to the front side of the Defendant’s vehicle by negligence.
Ultimately, the Defendant, due to the foregoing occupational negligence, caused the victim to suffer from injury, such as funeral damage, and died of the victim on October 3, 2015, while receiving treatment from a university racing hospital at that university and college.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A survey report on actual conditions;
1. A death diagnosis report or postmortem report;
1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;
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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommended punishment] of Article 62(1) of the Criminal Act on the grounds of sentencing [the grounds for sentencing [the scope of recommended punishment] of Article 62(1) of the Act on the Suspension of Execution [the mitigated person] [the mitigated person] of the mitigated area (including special mitigated person] of punishment (including efforts to recover from damage] [the decision of sentence] of the victim's bereaved family member does not want the victim's punishment by mutual consent with the victim's bereaved family member. The defendant purchased a comprehensive motor vehicle insurance,