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Defendant shall be punished by imprisonment without prison labor for ten months.
except that 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 a car in CF franchise TD4.
On October 7, 2014, the Defendant driven the said car at a speed of about 60km per hour by using one lane from the Highway to the e-cafeteria terminal in Gwangju Mine-gu. On October 7, 2014, the Defendant driven the said car at a speed of about 60km per hour.
At that time, the victim F(F), G(47), and H(44) were crossing from the right side of the defendant's proceeding to the left side, and thus, the driver of the motor vehicle had a duty of care to prevent accidents by safely examining the front side and the left side.
Nevertheless, the Defendant neglected this and went beyond the road by shocking the victims who were crossing the road at the front of the car of the Defendant due to the negligence on the part of the Defendant’s vehicle.
On October 7, 2014, at around 01:54, the Defendant: (a) caused by occupational negligence the victim FF to brain damage and dyslexal long-term damage; (b) the victim G was being treated by an Hasung-gu Hospital located in 259, G, Gwangju-gu, Gwangju-ro, G due to severe brain damage; and (c) on October 23:11, 2014, the victim H was treated by the Jeonnam-gu, Seoul-ro hospital located in his salary grade 42, which led to the death of each of the victims by an unfystrophal fever.
Summary of Evidence
1. Defendant's legal statement;
1. Each police protocol of statement against I, J, K, L, and M;
1. The actual condition survey report;
1. Evidence and photographs of the scene of the accident, and photographs of the deceased;
1. Application of Acts and subordinate statutes to each death certificate and written autopsy report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes;
1. While the Defendant’s negligence under Article 62(1) of the Criminal Act led to the death of all three victims, traffic accidents are also committed against the victims.