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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in the operation of the Grandroth.
On October 30, 2016, the Defendant driven the above van on the 02:34 on October 30, 2016, and led the road without the front lane in Seoul Jung-gu to the claimed direction.
Since it is night and a house is a side road at the time, there is a duty of care to safely drive a motor vehicle while checking whether a person engaged in driving a motor vehicle is a person crossing a side road by reducing speed and making it possible for the front side city.
Nevertheless, the Defendant neglected this and found the victim D (the age of 52) and E late at the end, received the victim and E from the front part of the Defendant’s vehicle, and let the victim and E go to the ground, and the victim’s upper half of the body was over the Defendant’s vehicle.
Ultimately, the Defendant caused the victim’s death by occupational negligence in around 16:56 on the same day by the National Medical Center located in Jung-gu Seoul, Jung-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a death certificate;
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. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201).