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1. The defendant shall be punished by imprisonment without prison labor for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On May 16, 2013, the Defendant: (a) driven an electrical bicycle of Batech on 18:45, and proceeded along a one-lane road in front of the “Madong-grag” in the Sungdong-gu, Seosan-si, Sungsan-si, from the development distance to the Gangseo-do, the Defendant was under the occupational negligence of the victim C (Nam, 75 years old) who was normally going on the right side of the electrical bicycle in the opposite opposite line while driving along the center line and driving along the opposite line. (b) On the other hand, the Defendant was under the front side of the Defendant’s electrical bicycle.
As a result, the Defendant caused the death of the victim due to the climatic depressions around 22:45 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Each entry in the actual condition survey report, each photograph, and death diagnosis report, or the application of video-related Acts and subordinate 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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences: One month to five years from the imprisonment without prison labor. (Selection of imprisonment without prison labor);
2. Sentencing Criteria [Determination of Punishment] Transport Crime Group, General Traffic Accident Type II (Crime of Recommendation] Reduction Area: Imprisonment without prison labor for a period of four months from April to October: Unlimited factors of punishment for special mitigation / None of special aggravation factors:
3. Determination of sentence: Eight months of imprisonment without prison labor; and
4. Whether or not the suspension of execution is positive for two years (the main reasons for the suspension of execution): Death [the reason for the suspension of execution] positive: There is no criminal record of the suspension of execution, and the defendant's negative results of age: The defendant's main reason for the suspension of execution is that there are two criminal records of the drinking driving fine in addition to the main reason for the suspension of execution and the reason for the suspension of execution of sentence of imprisonment without prison labor accompanied by probation and community service order within the scope of the recommendation, comprehensively considering all the circumstances shown in the arguments of this case, such as the main reason for the suspension of execution and the reason for the suspension