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Defendant shall be punished by imprisonment without prison labor for ten 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
On September 25, 2013, the Defendant is a person who is engaged in driving of Category B cargo vehicles. Around 09:00 on September 25, 2013, the Defendant driven the above cargo vehicle and driven the road of one way in front of the health examination center located at six minutes, such as the Gangseo-gun written document, etc., along one lane from the same side of the moving side of the city to the same side of four lanes. At that time, the Defendant is a road of one way in which the center line of yellow yellow solid lines is installed, and the Defendant is behind the bicycle driven by the victim C (76 years old) who drives in the same direction. Therefore, even if a person engaged in driving of the motor vehicle is obliged to take advantage of the situation, he/she should not overtake the motor vehicle, and make it difficult for the victim to take care of the bicycle's death at the speed, course, and other circumstances, and make the victim take care of the vehicle and take care of the vehicle in front of the above bicycle, without being negligent by the victim's fault.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. A death certificate;
1. The actual condition survey report;
1. Application of statutes on site photographs;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The scope of sentencing sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The final sentencing range recommended by sentencing guidelines from January to May: