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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing car.
On August 20, 2015, the Defendant driven the above car at around 19:30 on August 20, 2015, and led to a road of one-lane in front of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, to the air-high level of Internet high school.
At that time, only a full-time and well-known, and there are frequent traffic of ordinary pedestrians in the old-dong hospital, commercial building, etc. around the world. In such a case, a person who is engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front left and left well.
The Defendant neglected to do so and neglected to perform his duty on the front side, thereby finding out the victim D (n, 85 years old) who dried a road on the right side from the left side of the Defendant’s proceeding direction late to the right side, and operated the road rapidly, but the Defendant did not avoid it, and the Defendant was the victim at the front of the driver’s seat in the car driving of the Defendant.
On September 1, 2015, the Defendant: (a) caused the death of a victim due to an occupational negligence on the part of the Defendant, who was sent back to the District University Hospital, Seo-gu, Daejeon, Seo-gu, Daejeon, 95, and was under medical treatment; and (b) caused the death of a victim due to the pulmonary waste caused by a disease in credit.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report (including photographs);
1. Application of Acts and subordinate statutes to death certificate (including private photographs);
1. Relevant Acts concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Selection and Settlement of Traffic Accidents, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures occurred due to negligence of the defendant who violated his/her duty of care in advance, and the occurrence of a serious result of the victim’s death.
However, considering the circumstances of the accident in this case, the victim seems to have been crossing without permission, and there was no excessive fault on the part of the defendant.