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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
The Defendant is a person who is engaged in driving of B-II cargo vehicles.
On August 14, 2020, the Defendant driven the above cargo vehicle on August 11:45, 2020, and led to the left-hand turn from D to South west.
In this case, there is a duty of care to safely proceed after checking whether a person engaged in driving service is a cross-road with a crosswalk, so in such a case, there was a duty of care to safely proceed.
Nevertheless, the Defendant neglected to turn to the left without neglecting this, and caused the head part of the victim E (the age of 87) crossing the road to the right side from the left side of the course direction, leading the road to the right side of the road.
Ultimately, the Defendant caused the death of August 17, 2020 while receiving treatment by suffering from the injury of the external cerebrovascular due to such occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to traffic accident investigation reports, traffic accident scene and photographs of vehicles, and death diagnosis reports;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;
1. Article 62(1) of the Criminal Code of the Suspension of Execution (the case is without merit in that the result of the death of the victim occurred; the defendant reflects the crime in depth; the victim’s bereaved family members and the bereaved family members agreed smoothly with the victim; there is no record of criminal punishment heavier than a fine; and there is no record of criminal punishment; and all other circumstances constituting the conditions of sentencing as shown in the records and arguments of the instant case are taken into account).