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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 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 is engaged in driving of Bone Star Co., Ltd.
On October 7, 2015, the Defendant driven the above van on around 05:14, and went to the left at the blind distance intersection in front of the Eup office located in the Eup office in the Eup office in Busan-gun, the Defendant also directed to the direction of the fire station and proceeded to the left at approximately 60 km from the direction of the fire station.
At the time, there was a new wall before sunrise and there was a cross-section where signal lights are installed. In such a case, there was a duty of care to prevent accidents, such as seeing the front door and accurately manipulating the steering and brake system according to the new code.
Nevertheless, the Defendant neglected this and did not discover the victim C (the 66 years old) who crosses the road to the right side of the road from the left side of the road in accordance with the pedestrian signals due to the negligence in the course of duties, which entered the intersection by making a left-hand turn, even though the signal of the moving direction is red, and did not find out the victim C (the 66 years old) and got the victim to go over the ground, and caused the victim to death in the same place due to the shock of body through high level.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Application of Acts and subordinate statutes to death certificates;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Considering the fact that the crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act resulted in the victim’s death and the Defendant’s gross negligence, which is the Defendant’s signal breach, seems to have a significant impact on the occurrence of the accident, strict punishment against the Defendant is necessary.
However, the defendant's mistake is unfolded in depth, and the defendant's bereaved family members wanted to do so.