Text
Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above punishment shall be suspended for a period of 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 Cknife vehicle.
On June 26, 2015, the Defendant driven a Ro-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, Jin-dong, Seoul Special Metropolitan City (Seoul Special Metropolitan City), one of the roads in Jin-dong, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) at the speed of 128K/h, with the additional discharge from the surface of the water-gin distance.
At the time, it is night time.
Since there was a crosswalk in which a signal apparatus was installed, the driver of the motor vehicle had a duty of care to reduce the speed for the person engaged in driving the motor vehicle, to check whether there is a person who gets on the way to see the front door well, and to safely drive the motor vehicle in accordance with the traffic signals, and to prevent the accident in advance.
Nevertheless, despite the fact that the Defendant neglected to stop the vehicle, the Defendant received the victim D (the 21-year old 21)’s bridge and head part of the 70K/h’s speed from the direction of the road to the direction of the road along the direction of the road by the speed exceeding 59K/h’s speed due to the excessive negligence of more than 59K/h.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., the alley opening of the frame from the tin.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Notification of the results of the traffic accident investigation and analysis, report on the occurrence of the traffic accident, photographs, and report on actual condition;
1. Investigation report - Operation speed of the vehicle under way, and investigation report (in relation to crosswalk accidents);
1. Application of Acts and subordinate statutes to death certificates;
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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;
1. The two types of ordinary traffic accidents shall be applied to the sentencing criteria (the scope of recommended punishment);