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Defendant shall be punished by imprisonment without prison labor for six 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 Class B freight vehicles.
On October 16, 2019, the Defendant driving the above cargo vehicle around 15:30 on October 16, 2019, and proceeded with the issue of the ownership of the victim D (M, 69 years of age) in the front of the Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, in the face of E in the above C, from the face
There are duty of care to operate safely by accurately operating the steering gear and steering the steering system, after checking whether a person engaged in driving of a motor vehicle, at the entrance inside the victim's premises, is a person in charge of driving the motor vehicle well.
Nevertheless, in order to attach the said cargo to the victim's room immediately next to the arct bank owned by the victim, the Defendant, who neglected to see the front bank, caused the victim who was seated at the entrance of the said argument to the front section of the said cargo, and caused the said cargo to be sponsed under the bottom of the axis between the front wheel of the said cargo.
Ultimately, around November 23, 199, the Defendant caused the victim to die due to the damage of low oxygen brain at the National Medical Center located in Jung-gu Seoul, Jung-gu, Seoul, by occupational negligence, at around 14:02 of the same year.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;
1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of punishment by law: One month to five years;
2. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 2], the death of traffic accidents [the person who is specially punished] shall be mitigated (including serious efforts to recover damage).