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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 driving of sealed freight vehicles B.
On July 13, 2015, the Defendant, at around 13:50, proceeded at a speed of about 60km from the intersection to the intersection of the ancient city, along the two-lanes, along the three-lane road in front of the D-do in Busan Western-gu, Busan.
In such cases, a person engaged in driving service has a duty of care to accurately operate the steering direction and brake system and to prevent accidents by properly examining the boom and the left and right of the vehicle.
Nevertheless, the defendant neglected this and changed the course from a two-lane to a three-lane, and the victim E (51) who is proceeding in a three-lane due to negligence that fails to accurately operate the steering and brakes.
F 포터 화물차량의 적재함 좌측 뒷부분을 피고인이 운전하던 차량의 우측 앞 범퍼로 들이받아 그 충격으로 피해자가 운전하던 차량이 앞으로 튕겨 져 나가 인도에 있던 전신주를 들이받게 하였다.
Ultimately, the Defendant caused the death of the victim, who was receiving treatment at the Dong-dong University Hospital located in Seo-gu, Busan, Seo-gu, Busan, on September 17, 2015, by occupational negligence, caused the death of the victim, such as a parous shock at around 03:55 on September 17, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A death certificate;
1. The actual investigation report on traffic accidents;
1. Application of the Acts and subordinate statutes for investigation reporting;
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 on the stay of execution ( normal consideration, such as the reflection of the defendant, the agreement with the victim's bereaved family members, and the fact that the defendant is the first offender);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] general traffic accident category 2 (Death by Traffic Accidents) (4 months to 10 months) in the mitigation area (including special mitigation persons] in the punishment non-permanent sources (including efforts made to recover damage);