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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 16, 2016, the Defendant driven a low-speed car B around 19:44, and driven the front-way road in racing C at a speed of about 83 km per hour from the front side of the string to the long-distance shooting distance.
At the time, pedestrians are places at night and a place near the Corporation, and the speed of restriction is 60km per hour, so in such cases, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service has a pedestrian by reducing speed and checking well the front door, and driving safely.
Nevertheless, the defendant neglected this and found the victim E (e.g., 56 years old) who crosses the road to the right side from the left side of the defendant's front side of the road at a speed exceeding 23 km per hour, and operated the road rapidly, but the defendant did not avoid it but did not get out of it and caused the victim to go beyond the floor.
Ultimately, the Defendant caused the victim’s death at the Ulsan National University Hospital around March 17, 2016 due to the foregoing occupational negligence, resulting in the victim’s death due to the external wound.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Each photograph;
1. A death diagnosis report or postmortem report;
1. Reports on internal investigation and investigation reports;
1. Application of the Acts and subordinate statutes to the results of traffic accident investigation;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;
1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accidents in Type 2 (Death by Traffic Accidents) [Attachment 1 to 1] Reduction Area (Special Mitigation / [Determination of Sentence / Decision of Sentence / Defendant 1] Non-Punishment / Defendant 1’s death of the victim due to the main crime of Defendant 1, the result of the death of the victim is serious, and the fact that Defendant caused an accident in violation of the speed is disadvantageous.
The bereaved family members shall be punished by a defendant under the agreement with the victim.