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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of B Poter cargo vehicles.
On February 14, 2020, the Defendant driven the above cargo vehicle at around 05:58, and proceeded along the two-lanes in the Hannam-gu, Daejeon-gu, Daejeon-do, with the two-lanes, from the Hannam-do, in the Hannam-do, the Defendant got off the front side of the cargo vehicle, by negligence in the course of business where the Defendant kept about 78 kilometers a speed of 50 kilometers per hour exceeding 20 kilometers at a speed of 50 kilometers at a speed of speed, and received the head, body, etc. of the victim who opened the crosswalk on the right side from the left side of the vehicle.
Accordingly, the defendant caused the victim's death by the above occupational negligence due to the severe pain and damage to the two parts caused by a traffic accident.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the provisions of Acts and subordinate statutes to photograph D by reporting on the fact-finding report on D's statement, an appraisal report on the speed investigation (speed investigation of the fluored vehicle), an accident site report, and an accident scene photofluoring;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant recognized all of the crimes of this case and reflects the fact that the defendant has no record of criminal punishment, that the defendant's bereaved family does not want the punishment against the defendant, that the victim's bereaved family does not want the punishment against the defendant by mutual consent with the victim's bereaved family. The traffic accident of this case is occurred during the victim's temporary crossing at night at the crosswalk with signal apparatus and it is reasonable that the victim's negligence contributed to the occurrence of the accident. The traffic accident of this case is considered as favorable circumstances such as the defendant's age, character and behavior, family relation, motive, means and consequence of the crime, all of the sentencing factors and sentencing guidelines [special mitigation area: between February and one year (i.e., mitigation element: penalty surcharge,