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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 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 D car.
On January 23, 2017, the Defendant driven the above vehicle at around 09:55, and driven the road of 3 lanes of 8km in Seo-gu Incheon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, at a speed of about 70km in speed from Incheon to 3 lanes.
At this point, there is a place where a yellow solid line is installed, and on the side of the above side, the victim E (63 ) was landed from the driver's seat after stopping, so there was a duty of care to safely drive the car with the driver's duty of care.
Nevertheless, the Defendant neglected this and got the victim in front of the right side of the Defendant’s vehicle by the negligence of driving the vehicle on the side while driving the vehicle on the side.
Ultimately, the Defendant caused the victim to die due to such occupational negligence on January 23, 2017, at around 10:32, and around 774, Nam-gu Incheon Metropolitan City, Nam-gu, Namdong-gu, Incheon Metropolitan City, by means of low blood transfusion shock.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. A survey report on actual conditions;
1. Application of Acts and subordinate statutes to dead bodies;
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 Protection, etc., the Defendant, while driving a motor vehicle on an expressway, neglected his/her duty to stop on the front side while neglecting his/her duty to stop on the road, erroneously manipulating the steering gear, thereby allowing the said motor vehicle to proceed to the side on the side of the road, leading the victim who stopped the motor vehicle on the front side of the direction of the proceeding and caused the death of the victim, and the crime of this case is not good, but the Defendant is identical to