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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above sentence 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 the duty to drive a Grand Co., Ltd. in Ireland.
On January 20, 2018, the Defendant driven the above 08:06 on the 08:06, while proceeding the D convenience point front of the D convenience point in Gangwon-gun, Gangwon-do, toward the parallel from the direction of the dialogue.
At the same time, there is a crosswalk installed in the front side of the downhill, so the person engaged in the driving of the motor vehicle has a duty of care to see the front side, to reduce the speed, and to safely drive the motor vehicle in order to prevent the accident by driving the motor vehicle safely.
Nevertheless, the Defendant neglected to do so and neglected to do so, and neglected to do so at the front speed of about 60km/h at a speed of about 88km/h, and caused the damage to the front part of the above passenger car, without discovering the victim E (71).
Ultimately, the Defendant by occupational negligence caused the death of the victim from blood transfusions in two parts, and suffered injury to the victim F (F, 23 years old) who was accompanied by the said vans by approximately two weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. On-site photographs;
1. Investigation reports (on-site situations, etc.);
1. A medical certificate;
1. A death certificate;
1. Application of the statutes on traffic accident analysis;
1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of an occupational and de facto doctor), Article 3(1), the proviso to Article 3(2)3 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the occupation of an occupational and de facto doctor);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a credit cooperative without prison labor for punishment;
1. In light of the fact that the victims were dead or injured due to the defendant's occupational negligence on the grounds of sentencing under Article 62 (1) of the Criminal Act, the circumstances such as the crime’s liability is serious.