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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
The defendant is a person who is engaged in driving a motor vehicle B with low bid.
On February 6, 2017, the Defendant driven the above vehicle at around 00:30 and proceeded with the road in front of the D located in Pyeongtaek-si C, from the Tantan Corporation's three-distance outflow.
At the time, it was difficult to set up at night, and there was a five-lane road at a limited speed of 70 km/h, so a person engaged in driving of a motor vehicle has a duty of care to take a full-time and right-hand side and right-hand side, and to safely drive the motor vehicle in compliance with the restricted speed and prevent the accident in advance.
Nevertheless, while the Defendant neglected to do so and proceeds from 114km over 44 km/h, the Defendant did not discover the victim E (53) who crosses the above road to the right side from the left side, and did not discover the victim E (53) who crosses the above road to the right side, the Defendant’s driver shocked the victim’s body part into the front part of the upper right side of the above vehicle, led the victim to shock the head of the victim’s head on the front side and front glass part of the above vehicle.
Ultimately, at around 00:47 of the same day, the Defendant caused the death of the victim due to the above occupational negligence, with a scarcity damage and the bones of dynassis on the above road.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A survey report on the actual condition, on-site map and on-site photo, black stuffs image photographs;
1. Application of the Acts and subordinate statutes of the Road Traffic Authority for comprehensive traffic accident analysis;
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. Reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria) of the suspended sentence;
1. Application of the sentencing criteria - Scope of the recommended sentence: The area of special mitigation (two months - one year);
2. Determination of sentence - the first offender, the fact that the insurance is covered by a comprehensive insurance, the bereaved family and the original agreement;