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Defendant shall be punished by imprisonment without prison labor for one year.
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
On March 3, 2015, the Defendant, who is engaged in driving of a motor vehicle with low speed, driven the said motor vehicle at a speed of about 70 km per hour in accordance with the first two-lanes of Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si
Since there was a three-distance intersection where signal lights are installed, the driver of the motor vehicle has a duty of care to confirm the signal of the front door to the person engaged in driving the motor vehicle, and to prevent the accident by driving the motor vehicle safely in accordance with the signals.
Nevertheless, by neglecting this, the Defendant’s negligence in driving in violation of the signal, and the Defendant conflictd the victim D (the age of 45) who crossed the crosswalk from the right-hand side of the Defendant’s proceeding to the left-hand side of the road in front of the Defendant’s passenger car.
Ultimately, at around 21:15 on the same day, the Defendant caused the death of the victim at the Chungcheong University Hospital, which is located in 776 as one circulation in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement to E by the police;
1. A de facto survey report and CCTV-related screen photographs;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;
1. The scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission on the grounds of suspended sentence under Article 62 (1) of the Criminal Act: The driver shall drive the motor vehicle in the basic area (the mitigation factors: the reduction factors: the reduction factors, the aggravation factors: the illegality) of the motor vehicle in accordance with the sentencing guidelines of the Sentencing Commission on the grounds of suspended sentence;
The negligence of violating the signal, thereby causing the death of a pedestrian crossing by shocking the victim who crosses the crosswalk pursuant to the pedestrian signals, and the negligence of the defendant.