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Defendant shall be punished by imprisonment without prison labor for ten 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 engaging in driving a tXG car.
At around 20:10 on November 23, 2018, the Defendant continued to run the E parking lot from the water source to the port of the river, approximately 30-40 km.
At the time, there was a parking lot in front of the rest area where people can get out of, so there was a duty of care to reduce the speed and to safely drive the vehicle in good manner.
Nevertheless, the defendant neglected to do so and led the victim F (the age of 68) who was waiting for driving at the above parking lot due to negligence, to go beyond the front part of the passenger car of the defendant.
Ultimately, the Defendant caused the death of the victim at around 18:41 on November 28, 2018, while receiving treatment from G Hospital due to acute depressions, etc. due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on the occurrence of a traffic accident, and reporting on the occurrence of an accident site photograph, and internal investigation report (on site, etc.);
1. Application of Acts and subordinate statutes of a death certificate;
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;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General traffic accident [Type 2] mitigation area, reduction area of traffic accident, imprisonment without prison labor for not less than four months to one year mitigation element: the crime of this case (including efforts to recover damage] / The crime of this case is likely to cause death by shocking the victim by mistake that the defendant discovered a victim who passed a parking lot in the front bank but failed to properly operate the steering direction and brake system, while the defendant discovered the victim who passed the parking lot in the front bank, and the crime of this case is not easy in that the result of the victim's death occurred.
However, the defendant committed the crime of this case.