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Defendant shall be punished by imprisonment without prison labor for six months.
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
On December 11, 2017, the Defendant driven a rocketing car at around 18:00, and driven the two-lane road in front of the “E pharmacy” in D at the time of the prime week, along the direction of the prime high school from the direction of the direction of the direction.
At night, a crosswalk was installed near the road at night. In such a case, the defendant, who was engaged in driving a motor vehicle, has a duty of care to check whether the defendant was a person to cut the road by reducing the speed and properly examining the bank, and prevent the accident in advance. However, due to negligence in the course of business where the defendant did not neglect his/her duty of care and did not properly look at the front side of the motor vehicle, the defendant taken the victim F (n, 77 years old) who was unclaimed to the right side of the motor vehicle into the front part of the motor vehicle left side, and caused the victim to die from the original medical center located in 387 as Seoju-si on December 12, 2017, by taking the victim F (n, 77 years old) who was unclaimed to the right side of the motor vehicle.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on the occurrence of a traffic accident, a report on actual condition investigation, and a reply for autopsy;
1. Application of statutes on field photographs;
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents Act No. 2 (Death by Traffic Accidents) (4 to 1 year) [Special mitigated Persons] Punishment Non-Punishment [Determination of Sentence] resulted in a result that the victim's death cannot be caused due to the Defendant's negligence driving. Thus, the case is more serious.
However, in light of the fact that an accident occurred while the elderly victim without permission during the time when the accident occurred, the victim was at considerable negligence in the occurrence of the accident, the victim's bereaved family members paid the amount of 5 million won agreed to pay the amount of 5 million won to the victim, the fact that the error is against depth, and the fine is only once.