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Defendant shall be punished by imprisonment without prison labor for eight 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 the operation of the Lone Star Co., Ltd.
On December 20, 2014, the Defendant driven the above car on December 20, 2017:03, and proceeded along the two-lanes between the two-lanes from the gold alternate distance room to the front side.
Since the location was partially iced due to the wintering cost, there was a duty of care to reduce the speed and to safely drive the vehicle driver with the duty of care to ensure the safe operation of the vehicle in such a case.
Nevertheless, the Defendant neglected this and tried to find out the victim C (the age of 66) who was stimuling sand on the road located on the front side of the Defendant due to negligence, and attempted to rapidly stop. After the collision with the central separation zone, the Defendant, as the chief part on the right side of the front line of the Defendant, went beyond the above victim.
Ultimately, around December 21, 2014, the Defendant had caused the death of the said victim, who was under medical treatment at the Young-gu University Hospital located in Daegu-gu, Daegu-ro, 170, due to brain liver function transfer, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, E, and F;
1. A death certificate;
1. Application of the Acts and subordinate statutes to the traffic accident occurrence report and the actual survey 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 in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] General Traffic Accidents Type II (Special Mitigation in April to October) (Special Mitigation in the mitigated area (including efforts to recover damage), punishment not (including special mitigation in order to make a sentence] [decision of sentence] Defendant’s death due to Defendant’s negligence in driving, and thus Defendant’s liability is not minor.
However, the defendant is wrong.