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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 of the final judgment.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On May 7, 2015, the Defendant driven the above cargo vehicle at around 10:55, and moved back to the right side of the road in front of the “Dwon” located in the Masung-gun, Masung-gun.
At this point, there are frequent traffic of people due to the concentration of commercial buildings, and at the place where the defendant got back, the driver of the motor vehicle had a duty of care to take care of the person who is engaged in driving the motor vehicle in order to prevent the accident due to his well-being.
Nevertheless, the defendant neglected this and did not discover the victim E (the age of 88) who was standing a crosswalk in the rear side of the cargo of the defendant, and did not discover the victim E (the age of 88) and did not go beyond the victim's bridge with the right side of the cargo loaded on the cargo of the defendant.
Ultimately, at around 04:10 of the same month, the Defendant caused the death of the victim due to the foregoing occupational negligence from the “Manyang University Hospital” located in 365, the East-gu, Gwangju Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. The actual condition survey report;
1. Application of statutes to a copy of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences by law: One month to five years; and
2. Scope of the recommended sentence based on the sentencing guidelines: Imprisonment without prison labor for not less than four months nor more than ten months (the range of recommending punishment) shall be the mitigated area (4-10 months) (including specially mitigated persons) (including efforts to recover damage).
3. Determination of sentence: The sentence of imprisonment without prison labor for eight months, the fact that the victim died due to the negligence of the defendant for two years in a suspended sentence, is disadvantageous, or the defendant's bereaved family;