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Defendant shall be punished by imprisonment without prison labor for ten 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 drives a car with B knife in the knife.
At around 19:00 on July 29, 2017, the Defendant was driving the said car on the back seat of the Victim C (45 ) and driving the said car on the back seat of the driver’s seat, with the speed of 178.3km at 178 km in the direction of Daejeon, Hasan- the road near the middle point of the Gyeongnam Highway (178.3 km in the king- the parallel of the bypass from the parallel to the bypass.
Since there is a cross-section of the expressway, there was a duty of care to safely drive the expressway by reducing the speed of the vehicle and accurately manipulating the steering direction, brakes, etc. while entering the expressway by using the bypassing lane.
Nevertheless, the Defendant neglected to drive a stroke while driving the stroke, and failed to reduce speed to the point where the accident occurred due to negligence while driving the stroke, and received one lane for the left-hand stroke, and then re-enters the right-hand stroke again, and received the center separation by entering the road as of the expressway, and then received the center separation.
Ultimately, while the Defendant transferred the victim to a hospital at around 19:43 on the same day due to the above occupational negligence, the Defendant caused the death of the victim due to the multiple trauma disorder caused by the traffic accident.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual condition, accident scene, and vehicle photograph;
1. Application of Acts and subordinate statutes to dead bodies;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;
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 victim of the mitigated area (such as four months to one year) [the person who has been specially mitigated] who was not punished (including a serious effort to recover from damage] (the decision of sentence].