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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the defendant shall be sentenced to the above punishment 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 a motor vehicle by borrowing B.
On August 1, 2018, the Defendant proceeded from the opposite side of the road front Jindo-gun C at a speed of about 90km from August 1, 2018 to the opposite side of the city.
Since it is an intersection and a road with a speed of 60 km per hour, there was a duty of care to safely drive the vehicle driver by complying with the speed limit and by properly examining the right and the right of the road.
In such a situation, the Defendant neglected this and got the victim D (67 cc) operating from the side of the Yongsan Village to Lihoho Lake by negligence, which led to the speed exceeding 30 km per hour, of the restriction speed, to the front end of the E-Poter cargo vehicle, which was driven by the victim D (67 cc).
Ultimately, the Defendant caused the death of a victim from a Jindo G hospital located in Jindo-gun F of Jindo-gun around August 1, 2018 due to the foregoing occupational negligence by the Defendant, at the Jindo G hospital located in the Republic of Jindo-gun F of Jindo-gun around 08:36.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. On-site photographs;
1. A death certificate;
1. A dead body photograph;
1. Protocol of inspection;
1. Application of Acts and subordinate statutes for report on internal affairs (to attach booms images, speed of driving vehicles);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;
1. The area where the sentencing criteria are applied [the scope of recommended punishment] and the area where the sentencing criteria are mitigated by two types of general traffic accidents: April to one year (the area where the punishment is not imposed by a special mitigation) of imprisonment without prison labor for a credit cooperative;
2. According to the sentence, the Defendant caused a traffic accident in violation of the duty of care, such as stopping or standing at an intersection where no traffic signal, etc. exists, and resulting in a significant and unexpected consequence of the victim’s death.
On the other hand, the defendant himself.