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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 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 a B car.
On October 3, 2015, the Defendant driven the above car at around 19:20, the Defendant proceeded ahead of the 20 legal tower 41 km from the direction of the Gangseo-Eup at the speed of about 84 km/h of speed at the speed of about 84 km from among the two-lane roads at the speed of the 2nd parallel.
Since there is a point 60 km/h of the statutory limit, a person engaged in driving service has a duty of care to prevent traffic accidents by complying with the vehicle line and the speed limit and by accurately manipulating steering devices and brakes.
Nevertheless, the defendant neglected this and did not discover the victim C (96) who crosses the road from the right side of the defendant's running direction to the left side of the road, and did not get the victim to go beyond the ground floor.
In the end, the Defendant caused the death of the victim due to the above occupational negligence, such as cerebral cerebral typosis and dyposis during the transfer to the boom-dong in 19:30 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a statement of actual investigation;
1. Protocol of inspection;
1. Application of Acts and subordinate statutes governing accident scene photographs;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] : The basic area (from August to January 6) in the category 2 (Death or Injury by Traffic Accidents) (special mitigation) of the General Traffic Accidents (special mitigation) / In the case where illegality in the proviso of Article 3(2) of the Act on the Special Cases of the Union (the decision of sentencing at a statutory speed of 20 km/h) is serious (the decision of sentencing), but the result of the crime, such as the death of the victim due to the instant accident, is not easy, the defendant is against his fault.