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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 becomes final and conclusive.
Reasons
Punishment of the crime
On August 31, 2018, the Defendant, who is engaged in driving of B-2 cargo vehicles, was driving the above cargo vehicles on August 13:15, 2018, and was driving the D-W road in Suwon-gu, Suwon-si, Suwon-si.
Since this place is a road with a restricted speed of 60km, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in a safe manner by saving the front door and the left and right, and driving the motor vehicle safely.
Nevertheless, the Defendant neglected this and proceeded at a speed of 80km/h, resulting in the death of the victim E (the age of 85) who was crossing the said road without permission, even though the pedestrian signal was red, by taking the victim as the front offender of the freight truck of the Defendant’s driver, and resulting in the death of the victim, such as the structural frame of the frame of the body of the Defendant’s driver and the cupage cupage.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. Investigation report (on-site signal cycle), signal frequency tag, investigation report (on-speed of traffic accident analysis);
1. Comprehensive traffic accident analysis report;
1. An accident site photograph;
1. Application of Acts and subordinate statutes concerning autopsys;
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 Criminal Act [the scope of recommendation] [the sentence of punishment] of general traffic accident [the type 2] of traffic accident [the mitigated element of mitigation] of traffic accident [the scope of recommendation area and recommendation area] mitigation area, imprisonment without prison labor for up to 4 months [the decision of sentence] 1 year [the crime of this case was committed by mistake that the defendant discovered the victim walking on the road in the front section while driving at a restricted speed beyond the restricted speed and did not properly manipulate the steering direction and brake system, thereby causing death. The death of the victim is serious.