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Defendant shall be punished by imprisonment without prison labor for eight 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 engaged in driving a C-A-Wurt Motor Vehicle.
On January 11, 2013, around 04:18, the Defendant proceeded at a speed of about 80km at a speed of 10km, depending on the two-lanes of the upper south Library located in the upper south-dong, Sungwon-si, Sungwon-si, Sungwon-si.
At the time, since there was a crosswalk where signal lights are installed at the front of the entrance, there was a duty of care to check and drive the course safety by reducing speed and checking well the front door.
Nevertheless, the defendant neglected to do so and neglected his duty to view the crosswalks on the right side by failing to avoid the wind that the victim D (the age of 19) who crosses the crosswalks to the right side on the left side in violation of the new subparagraph, and was faced with the victim by the front part of the left side of the vehicle of the defendant.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E Hospital around 00:18 on January 18, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. A photograph of the vehicle and a modified photograph;
1. Signal frequency table;
1. Application of Acts and subordinate statutes of a death certificate;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing as follows) of the suspended sentence leads to a significant result that the defendant caused the death of the victim by occupational negligence, and the criminal liability is grave, but it is against the depth by recognizing his or her mistake, and the victim crossing the roadway in violation of the signal seems to have been negligent to a certain extent, and the vehicle is covered by the comprehensive automobile insurance for the victim. Furthermore, the defendant is covered by the comprehensive automobile insurance for the victim.