Text
Defendant shall be punished by imprisonment without prison labor for four 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 of Bchip motor vehicles.
On February 21, 2020, at around 19:09, the Defendant proceeded at a speed of about 95 km in Si speed, depending on the location of the D building from the slope of the new road to the surface of the D building.
At the time, there were nights, and the defendant entered the section in which the gate length is in progress, so the person engaged in driving service has a duty of care to properly operate the steering system, steering system, brakes, etc. and to prevent the accident from occurring due to the failure of accident by properly operating the steering system, steering system, etc. and observing the speed limit.
Nevertheless, the Defendant neglected this and did not discover a warning flag that is being driven by the victim E (E, 73 years old) in the front of the road by negligence, while driving a speed exceeding about 25 km per hour, and received the rear part of the warning flag as the front part of the car driven by the Defendant.
Ultimately, at around 08:41 on February 24, 2020, the Defendant caused the victim by the above occupational negligence to die with pressure of brain cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala, which had not been open in two locations at G Hospital located in Ulsan-si, Ulsan-si
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident, the intensity of the traffic accident, each on-site photograph, and the actual condition survey report;
1. A death certificate;
1. Application of Acts and subordinate statutes to investigation reports (EDR information analysis);
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 2] - Death in traffic accidents (special person) - mitigated factors: The victim also has gross negligence due to the occurrence of traffic accidents or the expansion of damage, the area of recommendation for exemption from punishment, and the area of recommendation for exemption from punishment.