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Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving freight vehicles B and B.
On February 15, 2019, the Defendant driven the above vehicle on February 12:56, 2019, and proceeded with the yellow ginseng intersection in the Yellow East-dong, Chungcheongnam-dong, Chungcheongnam-do, 1719, a yellow ginseng intersection from the Yellow Triri-dong, Chungcheongnam-do, Chungcheongnam-do, to the 71km square meters at the speed of the same Gun.
At that time, the speed limit is 40 km per hour, and the yellow light signal that is not controlled by traffic is flicker. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by reducing the speed or temporarily stopping the motor vehicle.
Nevertheless, the Defendant neglected this and did not properly examine whether there is a vehicle entering the intersection first, and did not immediately proceed as it is, instead, received the full right side of the driving vehicle from the victim C(83 years old) driving on the right side of the defendant's right side.
In the end, the Defendant caused the victim to die with the heart and pulmonary suspension due to multiple trauma in the F Hospital located in Chungcheongnam-dong E in the same day at around 14:00 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning G;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. Photographss of each CCTV closure, on-site photographs, vehicle photographs, and signboard photographs;
1. A death certificate;
1. Application of Acts and subordinate statutes to traffic accident analysis;
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;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of punishment by law: One month to five years;
2. The types of recommendations according to the sentencing criteria.