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Defendant shall be punished by imprisonment without prison labor for eight months.
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 a train for the early 4.5 tons of modern 4.5 tons.
On January 18, 2013, the Defendant driven the above cargo vehicle around 09:30, and led to the flow of the two-lanes of the road in front of the water supply business center located in the Geum-gu, Seog-gu, Seog-gun, Seog-gun, Seog-gun, Seog-do, to the dives of the lower bank.
In this case, there was a duty of care to drive safely by checking well the embankment as the driver of the injured party C (mae.g., South and 78 years old) is driving.
Nevertheless, by negligence, the defendant neglected this, he shocked that he was loaded after driving the victim with the front part of the defendant's vehicle.
Ultimately, at around 12:50 on January 18, 2013, the Defendant caused the victim to die in the emergency room of the E Hospital located in the Gyeongbuk-gun, Gyeongbuk-gun, by the foregoing occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A traffic accident report and a traffic accident report, actual condition investigation report;
1. Application of Acts and subordinate statutes to investigation reports (Attachment of a death diagnosis report);
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] The reason for sentencing under Article 62(1) of the Criminal Act : General traffic accidents, death of traffic accidents (type 2): Reduction element of punishment [the scope of recommendation field] / [the scope of recommendation area] Reduction element of mitigation element of punishment / [the scope of punishment ] April-10 [the scope of recommendation area] reduction element of imprisonment without prison labor / 4-10 months [the general person] reduction element of punishment / there is no serious reflect and criminal punishment / there is no reason for suspension of execution : Death (unlawful), injury (non-existence of punishment), prison punishment, and general participation reason that has no record of criminal punishment: clear social relation, serious reflect [decision of pride] [decision of sentence] of imprisonment without prison labor ] August, and the result that the victim's death is the victim's death due to the instant accident.