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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 Poter Cargo Vehicles B.
On May 7, 2013, the Defendant driven the above vehicle on May 7, 2013, and proceeded one lane prior to the monthly transmission distance, which is located in the Chonam-si, Sinnam-gun, Youngnam-gun, into the hilling area of the Sinan-si.
At this point, it is a narrow road of one lane, and in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving his or her vehicle in a safe way and driving his or her vehicle in a narrow way.
Nevertheless, the Defendant neglected to do so and moved the above vehicle to the left-hand side of the victim C(the age of 83) driving to overtake the victim C(the age of 83) driving on the front side, and again returned to the front line, received the victim's driver's above part on the back side of the above vehicle while returning to the front line.
On May 8, 2013, the Defendant: (a) caused the death of the victim due to the blood transfusions from the two sub-schools located in Gwangju, Seo-gu, Seo-gu, Gwangju, where the Defendant was under the direct transmission treatment on May 8, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the actual condition survey report, death diagnosis report to C, evidence on the scene of traffic accidents, and Acts and subordinate statutes governing the examination of evidence;
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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the age, family relationship, etc. of the defendant along with the fact that the defendant is recognized as committing a crime, the fact that the motor vehicle comprehensive insurance is subscribed to and agreed with the victim's bereaved family members