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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 a period of 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 the operation of a car in Cradical art.
On August 9, 2017, the Defendant moved to the direction of the peace-based community service center in front of the E restaurant located in Donsan-gu, Yandong-si, Jeonju-si.
In such cases, the driver of a motor vehicle has a duty of care to check whether pedestrians, etc. are in charge of driving the motor vehicle, and to accurately manipulate the steering direction and brake system and prevent accidents in advance.
Nevertheless, the defendant neglected the above duty of care and neglected the above duty of care and caused the victim to go beyond the road along with the bicycle, by taking the body of the victim F(76) who gets a bicycle on the left side from the right side of the defendant's running direction to the left side of the vehicle.
Ultimately, around August 13, 2017, the Defendant caused the death of the victim due to brain training math, etc. at the H hospital located in Yan-gu G in Yansi-gu Seoul Special Metropolitan City on August 13, 2017 by occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Photographs;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. The following circumstances are considered: (a) agreement is reached between the victim and the reason for sentencing Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution; (b) the Defendant has no previous conviction; and (c) details and result of the instant accident; and (d) the Defendant’s age, occupation, living environment, etc.