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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 B-B B-II cargo vehicle.
On June 16, 2016, the Defendant driven the above cargo vehicle at around 08:25, and led to the left-hand turn to the front of the “D” road at the time of the game show at the time of the game at the night.
Since there is a long distance crossing, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle by taking the front side and the right and the right of the motor vehicle.
Nevertheless, the defendant neglected this and received the right shoulder part of the victim E (the 79-year old) who crosses the right side from the left side of the moving direction to the front side of the driver's seat of the above cargo vehicle by negligence.
Ultimately, due to the above occupational negligence, the Defendant caused the victim to die by training paralysis, etc. at the Gacheon-ro Hospital located in 774-gil 21, Namdong-dong, Namdong-gu, Incheon, Seoul, on June 20, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. A death certificate;
1. Application of Acts and subordinate statutes to reports on traffic accidents and reports on the occurrence of traffic accidents;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Crime of Motor Vehicle Accident Death, etc.) (Special Mitigation) [Special Mitigation] Punishment not (including efforts to recover from traffic accident, etc.] (Article 62(1) of the Criminal Act) (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)) (Article 62(1))