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1. The defendant shall be punished by imprisonment without prison labor for eight months;
2.Provided, That the above sentence shall be executed 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 B, Grandroth.
On December 1, 2017, the Defendant driven the above 00:01, while driving a motor vehicle at a speed of 00:01, the two-lanes in the direction of the right declaration distance, along the two-lanes in the direction of the horizontal distance.
At night and at night, there are crosswalks where signal lights are installed, the defendant engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brakes while living well on the front side and the right side.
Nevertheless, the defendant neglected this and went beyond the floor by taking the victim C(49) who illegally crosses the road on the right side from the left side of the running direction of the Madle accused by negligence and neglecting it.
Ultimately, the Defendant caused the victim’s death by occupational negligence on December 14, 2017, 21:30 on the part of the Defendant, which led to the death of the victim due to brain paralysis at the University Hospital of the ASEAN 164, Young-gu, Suwon-si, Suwon-si.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident occurrence report;
1. Accident photographs;
1. A death certificate;
1. Application of Acts and subordinate statutes to a report on investigation (the contents of conversations with a suspect);
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendation] The following circumstances and the Defendant’s age are as follows: (a) the area of special mitigation (two months to one year) (special mitigation) [the victim] also has considerable negligence in the occurrence of traffic accidents or the expansion of damage; (b) the victim is not subject to punishment (including a serious effort to recover damage):