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A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving D 9.5 tons of wing trucks.
On July 24, 2013: 03:18 on July 24, 2013, the Defendant proceeded at approximately 80 km at the Si speed along three lanes of Hansung apartment.
At the time of night and in the night of weather, there was a duty of care to prevent accidents in advance by reducing speed and by accurately examining the right and the right of the vehicle driver.
Nevertheless, the Defendant neglected this and found the victim E (the age of 26) who was in the front bank due to negligence, and operated the hand to the left-hand side to avoid this, but did not avoid it, and received the victim as the above truck operated by the Defendant.
Ultimately, even though the Defendant’s occupational negligence caused the death of a victim due to brain damage and dystroke, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim and checking the state of damage.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F, G, H and I;
1. The actual condition survey report;
1. On-site guidance and photographs;
1. A written result of autopsy;
1. The defendant's vehicle photographs (D);
1. Current status of vehicles approved to be supplied by both motor vehicles;
1. Application of Acts and subordinate statutes to a request for autopsy, appraisal report, response to a request for appraisal (the detailed attitude and station of the victim and the result of the analysis thereof), vehicle analysis and inquiry report, and request for appraisal;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime committed;
1. Selection of punishment and limited imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Recommendation and sentence of the sentencing criteria [decision of type] Traffic Crime>>