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Defendant shall be punished by imprisonment without prison labor for six 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 driving a C-A-hurd motor vehicle.
On February 19, 2017, the Defendant driven the above vehicle around 18:50, and proceeded at a speed of about 30 km at a speed of 10 km from the front direction of the E-do Do Do Do Do Do Do Do Do Do Do Do Do Do toward the opposite direction of the village.
At the time, the road is coming down at night, and the road is not clear by plucking, plucking, etc. on the left side. In such a case, a person engaged in driving of the vehicle has a duty of care to drive the vehicle by accurately manipulating hand-Hands and brates by viewing the front side well.
Nevertheless, the Defendant, without putting the front door properly and driving on the front side, got the victim F.(84) to go on the road.
Accordingly, the Defendant caused the death of the victim at G hospital around 13:06 on May 9, 2017 due to the foregoing occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A map at the scene of an accident;
1. Evidence and photographs of the traffic accident scene;
1. Application of Acts and subordinate statutes to death certificates;
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. The reason for sentencing under Article 62(1) of the Criminal Act under Article 62(1) of the suspended sentence arises, and the defendant’s negligence also does not change. Therefore, it is inevitable to choose a imprisonment without prison labor.
However, the defendant has old and no record of crime.
In addition, the bereaved family does not want to punish the defendant.
In addition, the sentencing conditions, such as the defendant's environment and career, were comprehensively determined.