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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 became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving a string three cargo vehicles.
On March 6, 2019, the Defendant driven the above cargo vehicles around 18:10, while proceeding along the backway of Gwanak-gu Seoul Special Metropolitan City C from the side of the D market to the new forest station, and led to bypassing to the south cycle.
Since there are pedestrians in a narrow road, there was a duty of care to accurately operate the steering and steering system, to regulate the speed in advance, and to prevent accidents in advance by driving the vehicle safely.
Nevertheless, the defendant neglected this and found the victim E (the 62 years old) who was walking on the left side from the right side of the driver's vehicle of the above cargo vehicle due to the negligence of neglecting the operation of the driver's station, and immediately operated the vehicle. However, the defendant did not avoid the vehicle and did not go beyond the ground after receiving the victim's left side from the front part of the above cargo vehicle of the driver's vehicle.
Ultimately, at around 13:40 on March 8, 2019, the Defendant caused the death of the victim due to the above occupational negligence in G Hospital located in Gwanak-gu in Seoul Special Metropolitan City due to sudden cardiopulmonary pulmonary death.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Protocol of autopsy and written diagnosis of death;
1. Application of Acts and subordinate statutes, such as CCTV images;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of traffic accident (special-speed person]: Reduction element of punishment: Reduction area of reduction of punishment (the scope of recommendation area and recommendation area], reduction area of punishment, and April through one year;
3. Determination of sentence: Ten months of imprisonment without prison labor and two years of suspended execution, which are disadvantageous to him/her: due to an accident in this case;