Text
Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving a motor vehicle B with detached motor vehicles.
On May 18, 2018, the Defendant driven the above car at around 23:43, while driving the Seodaemun-gu Seoul, Seodaemun-gu Search, 28-3, the three-lanes in front of the station of the 28-3 provisional road was driving at the speed of 71.3 km each hour from the parallel of Sacheon to the search station.
At the time, a crosswalk is installed at night and at the front, so in such cases, there was a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system by reducing the speed and properly examining the right and the right and the right of the driver.
Nevertheless, the defendant neglected to do so and proceeded without reducing speed, and the victim C (53 ) who crossed the road from the left side to the right side at the front side of the car and got the victim C (53 ) to the left side and the left side side part.
Ultimately, the Defendant caused the death of the victim by occupational negligence at the Seoul Seodaemun-gu Seoul Western Emergency Medical Center 50-1, where the victim was being treated for transmission after May 19, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to traffic accident reports, investigation reports (hereinafter referred to as video recording devices analysis), corpse inspection reports, and traffic accident analysis reports;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the stay of execution. Article 62 (1) of the same Act on the grounds of sentencing as follows;
1. Normal circumstances that are favorable for sentencing under Article 62-2 of the Social Service Order Criminal Act: A motor vehicle insurance policy is subscribed, the victim's fault that has been unclaimed has contributed to the occurrence of the instant accident, and the defendant's primary offender and age is relatively unfavorable: The victim's age, sexual behavior, and the fact that the serious result has occurred.