Text
Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a second cargo vehicle in B.
On October 09, 2016, the Defendant driven the above vehicle at around 01:46, and driven the road of 43-0 way in front of the Nam-gu, Incheon Metropolitan Nowon-gu, Nancheon-gu, Seoul, with the direction of the distance from the private road in the south of the Police Station, toward the direction of the academic distance from the private road in the south of the Southern Police Station, the Defendant proceeded at the speed of 44km per hour.
At night, there was a duty of care to reduce speed and drive safely by checking the right and the right and the right of the driver of a motor vehicle as the victim C (the age of 81) is coming at night.
Nevertheless, the Defendant neglected to do so and caused the victim to die on his job by negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A survey report on actual conditions;
1. A corpse death certificate;
1. Application of the Acts and subordinate statutes on black stuffs video materials (parking vehicles), CCTV video materials (two mountain boom apartments), black stuffs, and CCTV video CDs;
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 stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. For the reason of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act, the defendant neglected his/her duty at the front time and caused the death of the victim by shocking the victim of the crime of this case, which led to the death of the victim. However, the defendant has no record of crime of the same kind; the defendant does not want the punishment of the defendant; the bereaved family members agree with the victim; the victim does not want the punishment; the victim is covered by a comprehensive insurance; the victim's mistake without permission crossing the 4th line road at the middle of the heart line became an important cause of the occurrence or serious result of the traffic accident of this case; and the second one's mistake is late.