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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 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 the driving of the two-way cargo vehicle B.
At around 06:25 on May 20, 2019, the Defendant, at the Changwon-si, had his private distance in front of the D cafeteria C, Changwon-si, Changwon-si, Masan-si, proceeded from E to F.
Since there was no traffic signal apparatus, there was a duty of care to prevent accidents in advance, such as temporary stop prior to entering the driving distance to the person engaged in the driving of a motor vehicle, driving a motor vehicle with a duty of care to prevent accidents, such as driving a motor vehicle in advance.
Nevertheless, the Defendant neglected to do so and negligently proceeded to the right side of the victim G (the age of 49) driving on the right side from the left side of the running direction of the Defendant, which led to the collision with the front part of the above cargo vehicle.
Ultimately, around June 10, 2019, the Defendant caused the death of the victim due to the above occupational negligence due to the cardiopulmonary pressure, which was being treated by the Busan University Hospital.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) (1)
1. A traffic accident report (2) (on-site investigation report);
1. An accident site photograph;
1. An on-site photograph of the accident site (CCTV closure screen);
1. Application of Acts and subordinate statutes of a death certificate;
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 (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;
1. Scope of punishment by law: One month to five years;
2. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accident [Type 2] mitigation element: Death of traffic accident [Special Sentencing]: In cases where the victim has been negligent due to considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall be punished (including the recommended area and the scope of recommendation] special mitigation area, and two months to one year.
3. When the victim dies by an accident caused by the defendant to determine a sentence;