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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 became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who drives K3 motor vehicles as his/her duties.
On March 14, 2015, around 16:38, the Defendant continued to run the front road of 205-dong, Sinsan-si, Sinsan-si, Seosan-si to the National Cancer Center at the location of the next valley village, along the two-lanes of 4-lane.
At the time, the driver of a motor vehicle is a day and clean weather, and there is no central separation cost, and it is possible to anticipate the appearance of pedestrians because the commercial buildings are densely concentrated. Therefore, the driver of a motor vehicle has a duty of care to properly operate the steering gear and brake system and to safely drive it by properly operating it.
Nevertheless, due to the negligence that the defendant neglected the front side of the road, the defendant found the victim D (n, 75 years old) crossing the road from the left side of the defendant's running direction to the right side of the road, and immediately d (n, 75 years old) operated the road, but the defendant did not avoid the situation, and caused the victim to be cut down to the road by shocking the back of the victim's back to the front driver of the vehicle
After all, the Defendant caused the foregoing traffic accident and caused the victim to die with the shock show around 16:54 March 15, 2015, while he/she was receiving medical treatment at the Gandong-dong University Hospital located in the Dongyang-gu, Manyang-gu, Mangdong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report and a death diagnosis report;
1. Application of Acts and subordinate statutes by cutting off a field photograph or black image screen;
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. Sentencing sentencing guidelines for sentencing under Article 62(1) of the Criminal Act: Traffic crimes, general traffic accidents, Type 2 (Death by Traffic Accidents), basic area, and the death of a victim who illegally crossed the road due to the instant traffic accident in August to June of the imprisonment without prison labor, the defendant appears to have committed a crime with no criminal history, and attitude against himself/herself, and other matters agreed with the victim's bereaved family members.