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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 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 B-II cargo vehicles.
On June 17, 2019, the defendant, around 20:00, proceeded along the two-lanes between the two-lanes from the lower police station to the Seoul bank.
In such a case, the driver has a duty of care to safely change the lane after checking whether there is a vehicle on the front, rear, and left and right of the driver.
Nevertheless, the defendant neglected this and caused a change of course from a two-lane to a one-lane, and caused a shock of FOba in driving the victim E(77 years of age) who was proceeding in a one-lane.
Ultimately, around 00:05 on June 18, 2019, the Defendant caused the victim’s death by occupational negligence due to cerebral cerebral ties, etc. at H University Hospital located in Gangdong-gu Seoul Metropolitan Government G.
Summary of Evidence
1. Defendant's legal statement;
1. The actual survey report on traffic accidents;
1. A death certificate;
1. Application of field photographs, dead bodies photographing statutes;
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. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (including the scope of recommendation and recommendation), and April through one year;
3. Determination of sentence: Subscription to cargo mutual aid, in which the victim's bereaved family members express their intention that they do not want punishment for the defendant for six months, the background of the accident during the suspension of execution of two years, the details and degree of the violation of duty of care, the result of death, multiple traffic accidents.