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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year 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 car by borrowing B.
On September 9, 2014, around 00:50 on September 9, 2014, the Defendant driven the road of four-lanes in front of the Sung-dong, Seo-dong, Seo-dong, Seogdong, Seo-gu, Seo-dong, Sung-dong, in an irregular speed along the two-lane distance from the right of indemnity to the new bank.
In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the road traffic conditions and the structure and performance of the motor vehicle, and there was a duty of care to report the traffic situation well and to prevent accidents in advance by safely driving the motor vehicle.
Nevertheless, the defendant neglected to do so and neglected to do so and neglected to do so to the central separation belt.
The victim C(35 years old) who illegally crossed the road without permission was not found and proceeded as it is, and the vehicle was shocked by the defendant.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the Yacheon National University Hospital in the Macheon-gu, Yacheon-gu, Yacheon-gu, where the victim was under the follow-up treatment at around 01:14 on September 9, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, E, and F;
1. Application of a death certificate, a survey report on actual condition, a traffic accident occurrence report, on-site map, accident-related photographs, and Acts and subordinate statutes governing dials and photographs;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act (i.e., the penance, some of the circumstances considered in the course of the accident, the bereaved family members of the victim and the first offender, and other relevant factors);