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Defendant shall be punished by imprisonment without prison labor for one year.
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 a B-Ma trucks.
On September 19, 2020, the Defendant driven the above truck and got to turn to the left from the border of U.S. along the two-lanes at the entrance of the tunnel at the end of Simpo-si, Simpo-si, Simpo-si, Simpo-si, Simpo-si.
Since there is a signal light and crosswalk installed, the person engaged in the driving of the motor vehicle has a duty of care to safely drive the crosswalk by safely driving the motor vehicle in accordance with the new code.
Nevertheless, even if the Defendant neglected this and neglected to turn left, the Defendant received the victim C (V, 87 years old) who crosses the crosswalk in accordance with the pedestrian signals from the front part of the above truck due to the negligence of failing to make the left turn, and had the victim C (V, 87 years old) go beyond the road.
The defendant violated the above signal and caused the death of the victim due to brain training paralysis, etc. around September 21, 2020, by shocking the damaged person due to negligence in the course of duty while driving a motor vehicle in violation of the duty to protect pedestrians at crosswalks.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a death certificate;
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: From January to five years of a credit cooperative;
2. Scope of the recommended punishment according to the sentencing guidelines: From August to two years (the type of decision) of the credit cooperative for traffic accidents [the type 2] and the mitigated factors of the death of traffic accidents [the person subject to special sentencing]: The aggravated factors of punishment (including serious efforts to recover damage): Where the illegality in Article 3(2) proviso (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious (the violation of signal, the violation of duty to protect pedestrians), (the area of recommendation and the recommended punishment).