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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of CPoter II freight vehicles.
On May 8, 2018, the Defendant driven the above vehicle at around 07:05, and turned to the left at a speed of about 45 km per hour, depending on the one-lane distance from the apartment on the side of the west apartment in the south-gu Cheongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu.
There are private-distance crossings where signal lights and left-hand turn turn turn signs are installed, and crosswalks are installed at the end of the intersection. In such a case, a person engaged in driving service has a duty of care to check whether there is a person to reduce speed and drive safely.
However, while the defendant neglected this and neglected to keep the right at the front of the vehicle, the defendant's victim D (the 76-year old age) who dried the crosswalk in accordance with the pedestrian name from the right side of the course to the left side of the right side of the vehicle, was faced with the victim D (the 76-year age) who dried the crosswalk in accordance with the pedestrian name.
Around May 8, 2018, the Defendant had caused the death of the victim due to severe damage to the symptoms at the F Hospital located in North-Gu E, Seo-gu, Seocheon-si around 08:06 on May 8, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Report on the occurrence of a traffic accident;
1. A death diagnosis certificate (D);
1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 2 (person subject to special mitigation] and penalty not exceeding [the scope of recommended punishment], the area of mitigation of punishment by imprisonment without prison labor for not less than four months and not more than one year;
2. The occurrence of a traffic accident caused by negligence by the defendant's decision of sentencing led to the death of the victim who dried the crosswalk.