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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment 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 who is engaged in driving of B Poter cargo vehicles.
On July 11, 2018, the Defendant driven the above cargo vehicle around 14:20 minutes and proceeded ahead of the access road to Asan City in the direction of the road to Asan City, and the road at a speed of about 50km per hour from the just of the principle to the just of the just of the road to the just of the river.
In this case, a person engaged in driving a motor vehicle has a duty of care to pay attention to the opposite direction and the traffic on the front side of the motor vehicle in front before overtaking the motor vehicle in front of it, and to overtake the motor vehicle in a safe speed and manner by taking into account the speed, course and other road conditions of the motor vehicle in front of it.
Nevertheless, the Defendant went to the opposite line beyond the center line of 100 U.S. EIT I 100 U.S. driven in front of the Defendant’s vehicle and entered the opposite line. In the process of discovering and returning to the original lane, the Defendant neglected the above duty of care and neglected the above duty of care in the process of returning to the opposite line, and caused the victim’s damage to the right side of the cargo loaded by the Defendant’s vehicle due to the fault entering the port, and caused the victim’s damage to the left side of the cargo loaded on the road, and caused the victim’s damage to the head on the road.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A death diagnosis certificate (D);
1. Application of Acts and subordinate statutes to the scene of the accident, vehicles under consideration, and vehicles under consideration;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommended punishment according to the sentencing guidelines [the type of determination] ordinary traffic accidents, and the type 2 (the resulting in traffic accidents) (the person who is subject to special sentencing).