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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a BM5 car.
On December 20, 2014, around 18:00, the Defendant driven the said car at a point of 21.1 kilometer, which is located in the Seocheon-gu Incheon Metropolitan City, Seocheon-gu, Seocheon-gu, Seoul, at a point of 21.1 kilometer, and the Defendant driven the said car at a speed of about 100 kilometers from the Seowon to Seogu-gu.
In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and operating the steering system of the motor vehicle.
Nevertheless, the Defendant’s negligence in the course of operation, which led to the collision with the front part of the pertinent SM5 car, which was stopped due to a traffic accident that occurred prior to the front direction of the collision, and caused the collision with the front part of the said SM5 car, and caused the collision with the victim D (W, 45 years old) who was going behind by the collision with the said rocketing other car.
At around 18:59 on the same day, the Defendant caused the victim to die due to the above occupational negligence, such as the clorus thalth of the us at 17-3 Daegu-gu Incheon Metropolitan City University Hospital, which was receiving medical treatment from a character university hospital.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each police statement of E and D;
1. A traffic accident report and an accident site photograph;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Selection of alternative imprisonment without prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Code for the suspended sentence has resulted in a serious consequence of the death of the victim due to the instant traffic accident. However, the bereaved family members agree with the following: (a) the Defendant was the primary offender; (b) the Defendant led to the confession of his/her negligence; (c) the Defendant was in depth; and (d) the bereaved family members.