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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a dump truck driver.
On July 22, 2017, the Defendant was driving a dump truck at the front of the entrance of the D at the time of throughng, and was going to the right direction on the side of the D while driving the dump truck.
A driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents in advance by safely driving the motor vehicle, such as checking the right and the right of the front and rear, and accurately operating the steering gear and brakes.
Nevertheless, the Defendant neglected to do so and did not discover the victim E (Woo, age 81) who was on the right side of the progress direction due to the negligence of driving the Defendant recklessly without being able to live around, and was shocked into the front side of the dump truck, and went beyond the floor and dump truck's body with the front wheels part of the dump truck. Accordingly, the Defendant followed the Defendant's vehicle.
F driver's dump truck had the body part of the victim re-thump truck.
Ultimately, the Defendant caused the death of the victim in the workplace due to low-blood shocks, etc. due to the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect with respect to F;
1. A traffic accident report, a traffic accident actual investigation report, accident scene, and vehicle photograph;
1. A death certificate;
1. A report on internal affairs (the analysis of black stuffs) (the analysis of black stuffs), black stuffs image photographs;
1. A report on investigation (Attachment to on-site CCTVs) and CCTV images;
1. The application of Acts and subordinate statutes to genetic appraisal records, traffic accident analysis appraisal records, and autopsy appraisal records;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;
2. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall be limited to the range of general traffic accidents (the scope of the recommended punishment] and the area of mitigation (the period from April to one year) [the person who is specially mitigated] who is not subject to punishment (the period of special mitigation).