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Defendant shall be punished by imprisonment without prison labor for four months.
However, the execution of the above punishment shall be suspended for one year 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 Bchip car.
On July 11, 2020, the Defendant proceeded at a speed of approximately 104.61km in speed of 104.61km among two lanes, which are located in 260-5 as a white culture of Gongju City on July 11, 2020.
Since the restricted speed is 80 km per hour, a person engaged in driving of a motor vehicle has a duty of care to observe the restricted speed and prevent the accident in advance by taking into account the right and the right and the right of the motor vehicle.
Nevertheless, the Defendant neglected this and proceeded at a speed of about 104.61 km per hour, which exceeds the speed of the restriction, caused the Defendant’s failure to change the course from the front direction to the two-lanes along the two-lanes of the Defendant’s moving into the first lane, and received the left part of the victim C ( South, 85 years old)’s unregistered unregistered driving 124cc or 124cc non-registered driving on the two-lanes.
As a result, the Defendant caused the victim to die due to the above occupational negligence on July 12, 2020, at the E hospital located in Seo-gu Daejeon, Seo-gu, Daejeon to cause the victim to die with acute brain hyposis.
Summary of Evidence
1. Application of the defendant's legal statement, investigation report, inquiry report, response to a request for appraisal, traffic accident analysis report, death scene photographs, accident scene photographs, and accident video CD-related Acts and subordinate statutes;
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;
1. Scope of punishment by law: From January to five years of a credit cooperative;
2. The scope of the recommended punishment according to the sentencing guidelines [type 2] the general traffic accident occurrence [type 2] mitigation element of traffic accident death [person with special sentencing]: The victim is also at fault due to the occurrence of traffic accident or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage) (the recommended area and the scope of the recommended punishment).