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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 who is engaged in driving of CAM towing vehicles.
On March 15, 2018, the Defendant came to turn to the left at the front intersection of the Cheongcho school located in the entrance of the apartment at the entrance of the above apartment on the north-ro of the 42 modern apartment road in the city of Changwon-si, Chungcheongnam-gu, Chungcheongnam-gu, Seoul.
Since a crosswalk has been installed, in such a case, there was a duty of care to safely drive the crosswalk by taking into account whether there is a pedestrian who gets on the driver's duty.
Nevertheless, at the time of negligence, the Defendant neglected to do so, and did not discover the victim D (74 tax) who was standing the crosswalk from the right side of the towing vehicle to the left side, and received the front side of the towing vehicle.
Ultimately, the Defendant caused the victim by occupational negligence to suffer two alleys, etc., and was sent to the F Hospital located in the Gu E in the Chang-gu, Changwon-si, Jinnam-si, and was under treatment, but was not recovered, and led to the death of the victim of multiple organs around March 26, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, on-site photographs, investigation reports (the display of an accident vehicle by black stuffs), and a survey report on actual condition;
1. Application of Acts and subordinate statutes to medical certificates and death certificates;
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 suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] The area of aggravation of the two types of general traffic accidents (the death of traffic accidents) (the imprisonment without prison labor between August and 2), - Special sentencing factors: Cases where illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the violation of pedestrian protection and the aggravation of actions related to the act), / Decision on the sentence of a defendant's age, sexual behavior, family relationship, and so forth under the following circumstances.