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Defendant shall be punished by imprisonment without prison labor for six months.
except that the execution of the above punishment shall be suspended for 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 of the BNS car.
On January 11, 2013, the Defendant driven the said car at around 22:10, while driving the said car at around 5:42, the Defendant driven the front road of the e-mail-dong, Daegu Nowon-gu, Nowon-gu, Nowon-gu, about 542.
In such cases, a person engaged in driving service has a duty of care to live well on the right and the right and the right, and drive safely.
Nevertheless, while neglecting this, the victim C (the age of 49) was not found due to the negligence of neglecting it, which was going beyond the location as it was, and the defendant tried to set the victim with the passenger car of the defendant.
Ultimately, the Defendant caused the death of the victim at the seat by occupational negligence as above.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Transport death on site and analysis of results thereof;
1. Protocol of inspection;
1. The investigation report (as to the attachment of photographs);
1. Application of Acts and subordinate statutes on site photographs and photographs of accident vehicles;
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Punishment] The reason for sentencing under Article 62(1) of the Criminal Act : General traffic accidents, death of traffic accidents (type 2): Reduction element of punishment [the scope of recommendation field] Reduction element / [the scope of recommendation field] Reduction element of imprisonment without prison labor / April-10 [the scope of recommendation area] Reduction element of Motor Vehicle Comprehensive Insurance / [the scope of imprisonment without prison labor 4-10 months] Reduction element of Motor Vehicle Comprehensive Insurance / there is no criminal punishment / [the main reason for suspension of execution] Death: Accident (unlawful), serious reflectness of punishment, membership of the Motor Vehicle Comprehensive Association / [the decision of imprisonment without prison labor ] June, and the reason for general participation that there is no history of criminal punishment : the clear social relation, serious reflectness, and the reason for death of the victim.