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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 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 Chump vehicles.
On March 15, 2018, the Defendant driven the hurfed vehicle at the upper end of the day on March 23:20, 2018, and proceeded four lanes in the north-gu industry in Ulsan-gu, Ulsan-do, Seoul-do, one of which is 1010, at the speed of about 81km from the north-gu, Ulsan-do to the Ulsan-do airport at the speed of about 81km.
At the time of night and rain, the surface was sucked due to the night, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely while accurately operating the brakes and steering gear so that the motor vehicle can not be cut down due to the surface while driving the motor vehicle at a speed of about 20% higher than the speed of about 70km per hour, a speed of about 56km per hour, which is the speed limit of the above road.
Nevertheless, the Defendant neglected this and proceeded with a limited speed exceeding 25 km per hour, and received the left-hand part of the victim D (45 ) crossing the road from the right-hand side of the vehicle running on the right-hand side of the said lurged vehicle as the front-hand part of the lurged vehicle.
Ultimately, the Defendant caused the death of the victim by occupational negligence from the F Hospital located in Ulsan-gu E on March 16, 2018 at around 00:28 on March 16, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or G;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. Each investigation report (the sequence 28,29,40 of the evidence list);
1. Protocol of inspection;
1. A corpse death certificate;
1. Application of Acts and subordinate statutes by means of speed analysis;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);
1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., “reasons for sentencing” as follows)
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations according to sentencing guidelines] are general.