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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 driving of a C Poter cargo vehicle.
On September 26, 2014, at around 09:50 on September 26, 2014, the Defendant driven the above cargo and proceeded at a speed of unsatisfy on the side of the valley, leading to the side of the Jinju City, prior to the police box of a valley in the satch of Jinju.
In such a case, there was a duty of care to safely check whether a person engaged in driving of a motor vehicle is a pedestrian or not and is a pedestrian.
Nevertheless, the defendant neglected this and continued to walk up the road on the upper left side of the direction of the defendant's proceeding by negligence in the course of his duties, which led the victim D (the age of 81) who was moving up the road along the crosswalks, to the right side, and led the victim to move up to the floor.
As a result, the Defendant suffered from an injury, such as a part-time blood transfusion, due to the above occupational negligence, and caused the death of the victim at an ordinary university hospital located in Jinju-si around 10:54 on the same day from the same day to the low blood transfusion shock.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A death certificate;
1. Application of Acts and subordinate statutes to photographs of victims and accident site photographs;
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. The crime of this case on the grounds of sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Probation, etc. Act is one of the cases where the defendant shocked the victim at the intersection and caused the death of the victim. However, although the defendant committed a crime, he is divided while committing a crime, the defendant has agreed with the bereaved family members of the victim, and the defendant drives the defendant.