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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 of the final judgment.
Reasons
Punishment of the crime
On May 14, 2014, the Defendant is a person who is engaged in driving a liquid truck with B, and driving the above cargo vehicle at around 14:20 on May 14, 2014, the Defendant stopped a one-lane road in front of the DNA station located in Gwangju Mine-gu C along the dynamic from the modern ready-mixed to the dynamic.
At the time, weather flows and there is a relatively wide road width, so there was a duty of care to check the movement of another vehicle and prevent the accident in advance by driving it well by reducing the speed for those engaged in driving the vehicle.
Nevertheless, the defendant neglected the right side of the cargo vehicle, but found the victim E (the 72 years of age) who passed the bicycle on the left side from the defendant's right side due to the negligence of bypassing the front side of the road. However, the defendant did not avoid it, but did not get out of it, and did not get out of the front side of the cargo vehicle by receiving the victim's bicycle front wheels part of the victim's bicycle front side and let the victim go over to the road.
Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency department of the Jeonnam University Hospital located in the Jeonnam University Hospital in the 42-ro of Gwangju-dong-gu, Gwangju-gu, where the victim was under the follow-up treatment at around 07:45 on May 15, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of the police suspect interrogation protocol against the accused;
1. Statement made by the police officer on F;
1. The actual condition survey report;
1. A death certificate;
1. Application of road accident scene photographs, on-site and vehicle photographs, and victim photographs;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 (1) of the Criminal Act;