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1. The defendant shall be punished by imprisonment without prison labor for six months;
2. Provided, That 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 of a motor vehicle with D bid.
On December 7, 2014, the Defendant driving the said car as a business around 23:50 on December 23, 2014, and driving the F street in front of Gwangju Seo-gu, Seo-gu, Seo-gu, with a wind cancer apartment room located in the area of Mapo-gu, Gwangju, at a speed of about 97km per hour depending on three-lanes.
On the front of the defendant, a crosswalk on which signal lights are installed, and the speed limit is 60 km per hour, so a person engaged in the driving of a motor vehicle is obliged to keep the speed well, to check whether there is any person who gets on the crosswalk, and to drive the crosswalk safely.
Nevertheless, the Defendant neglected this and drive a car beyond the limited speed.
In violation of pedestrian signal, the victim G (G, 27 years old) was not found to be the victim G (G, 27 years old) who was standing in violation of the pedestrian signal, and the part of the victim's body part was shocked with the front part of the left side of the driver's car.
The Defendant’s occupational negligence in the same month.
8. At around 00:30, the I hospital located in Seo-gu Gwangju-gu died due to low-feat shocks, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the actual survey report, death diagnosis report and traffic accident analysis report;
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. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not less than two months to not more than October, general traffic accidents: Special mitigation area (two to ten months) of types of special mitigation area (the death of a traffic accident) of the two-month traffic accidents: In a case where there is substantial negligence on the occurrence of a traffic accident or expansion of damage to a victim, a penalty surcharge shall not be imposed.
3. Determination of sentence: The damage suffered by the victim due to the accident in this case for six months of imprisonment without prison labor or two years of suspended execution shall be serious; and