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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 a period of 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 fixed cargo C.
On January 5, 2017, the Defendant proceeded with approximately 76.5-93 km at the speed of 76.3 km from the upper side of the west-gu, Sungnam-si, Sungnam-si, the 16th century, and the 2nd parallel line of the upper parallel of the west-ro, the Chyeong-gu, Sungnam-si, Sungnam-si, and the upper parallel of the 16th parallel line of the upper parallel of the west-ro, the speed of which is about 76.5 to 93.3 km.
At the time, the road construction is at night and there is a point where the restricted speed is 60 km, so in such a case, there was a duty of care to reduce the speed and to safely check the front, rear and right and the right and the right of the driver and prevent the accident in advance.
Nevertheless, the defendant neglected this and caused the damaged person to use the victim D(74) who was flaping a road on the right side from the center side of the madles, which was due to the negligence going beyond the speed of the restriction, in front of the driver's seat and front glass of the defendant.
In the end, the Defendant caused the death of the victim due to serious brain damage and dystrophism in the workplace.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting of a traffic accident (1) (2) and reporting of an investigation (or photographs of a suspected vehicle and accident scene);
1. To send a corpse death certificate, a comprehensive traffic accident investigation report, and the application of statutes to a reply to a request for appraisal;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. In light of the fact that the defendant's negligence with the reason of sentencing Article 62-2 of the Social Service Order Criminal Act resulted in a serious result of the victim's death, the liability for the crime shall not be minor.
However, it is difficult to expect that the defendant is against the defendant, and that the defendant will cross the road installed as a central separation cost on the high-speed road, and that it is difficult for the victim of the new wall to predict the road.