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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 became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a vehicle B or Coinc.
On December 20, 2018, the Defendant driven the above car on December 20, 2018, and driven it at a speed of about 114 km from the length of the court, depending on the three-lanes of the shooting distance in front of Pyeongtaek-si C.
At the same time, the restricted speed is 60 km a speed, so in such a case, there was a duty of care to safely drive a driver of a motor vehicle by complying with the speed and speed limit and accurately manipulating the steering and brakes.
The defendant neglected this while driving at a speed exceeding 54 km per hour, and caused the victim D (the 75 years old) (the 75 years old) who opened the crosswalk on the right side from the left side of the running direction of the defendant, to the left side of the driver's vehicle.
Ultimately, the Defendant caused the death of the victim by occupational negligence at around 05:31 of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The actual condition survey report;
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 selection of
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Scope of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;
3. Although there was a serious result of the death of the victim due to the negligence of the defendant in the decision of sentencing, the fact that the defendant is against his fault, and that the defendant has agreed with the bereaved family of the victim.