Text
Defendant shall be punished by imprisonment without prison labor for one year.
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 a motor bicycle BCA110.
On October 31, 2014, at around 23:55, the Defendant driven the above Obaba, and proceeded two-lane roads in front of D, which are located in Gyeongnam-si, Gyeongnam-si, in the direction of the Red Cross Hospital, with two-lanes in the direction of the Red Cross Hospital, at about 50 kilometers in speed, in the direction of the central road.
At the time, it was night and non-slicked, and there was a crosswalk installed at the front door, so in such cases, the driver engaged in driving service was found to have a duty of care to safely drive the steering gear and operating the steering gear in a safe way to prevent accidents by driving the steering gear and operating the steering gear in a safe manner.
Nevertheless, the defendant neglected this and tried to find out the victim E (the age of 58) who has dried a road along the crosswalk from the left-hand side of the Otoba in the direction of the opposite side of the defendant's Obain by negligence, and tried to avoid it later, but the defendant did not avoid it, and had the victim go beyond the ground by receiving the victim from the front part of the defendant's Obaba.
Ultimately, around November 2, 2014, the Defendant caused the death of the victim at the East Asian University Hospital located in Seo-gu, Seo-gu, Busan, Seo-gu, 26, instead of the aforesaid occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. A traffic accident report, a traffic accident report, a statement of a person involved in the traffic accident, a statement of the traffic accident, a statement of the situation of the traffic accident, a death certificate, a death certificate, a autopsy report, each investigation report, and the application of Acts and subordinate statutes governing
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. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act regarding community service and lecture attendance order.