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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 Class B 2 truck.
On January 21, 2016, the Defendant: (a) failed to discover the victim C (76 years) who dried the crosswalk in pedestrian color, etc. on the right side from the left side of the vehicle running in the case of occupational negligence when, around 06:15, the Defendant driven the said vehicle on the 318-lane road in front of the 10-dong, Ansan-gu, Ansan-do, 10,000, in front of the 318-do; and (b) caused the death of the victim to be treated as a serious injury to the patient at the hospital of the 103-lane, which is located in the front line of the 103-do, Ansan-si, Ansan-si, Seoul-do, in accordance with the first lane of the above road; and (c) did not discover the victim C (76 years of age) who dried the crosswalk in the direction of the vehicle running on the road.
Summary of Evidence
1. Statement by the defendant in court;
1. A fact-finding survey report and a traffic accident occurrence report;
1. Photographss and photographs of victims related to accidents;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing Article 62-2 of the Criminal Act, which led to the death of the instant crime, was the serious consequence.
The nature of the crime committed by the defendant is heavy.
However, the defendant has recognized the crime and reflects the mistake in depth.
The victim's bereaved family members and the bereaved family members have agreed smoothly with the victim, and the bereaved family members do not want to punish the defendant.
It seems that the victim was negligent in crossing the victim without permission, and this is also the cause of the accident.
In addition, the sentence shall be determined as ordered in consideration of all the sentencing factors shown in the pleadings of this case, such as the age, sex, environment, etc. of the defendant.