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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 became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person engaged in the operation of a EXE car.
On March 19, 2015, the Defendant driven the above car at around 19:53 on March 19, 2015, and proceeded with approximately 66 km in the speed of the E Health Institute D in front of Asan City, from the face of the death distance to the face of the air-proof apartment.
At the time, there are nights and places where speed limit is within 40 km per hour. In such a case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by ensuring that the driver of the motor vehicle is engaged in driving the motor vehicle thoroughly, such as complying with the speed limit and the front-time speed, and accurately manipulating the steering direction and brake system of the motor vehicle.
Nevertheless, the Defendant neglected this and did not find out the victim F (the age of 63) who was crossing the road at the end of the night, while driving at such speed as above, caused the death of the victim due to the two thrings of the front and front glass part of the car.
Summary of Evidence
1. Defendant's legal statement;
1. Entry of the report on the occurrence of a traffic accident, a written autopsy of the dead body, and a comprehensive traffic accident analysis reply, respectively;
1. Entry of traffic accident reports and application of video-related Acts and subordinate statutes to video site photographs;
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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);
1. Scope of punishment by law: Not less than one month but not more than five years;
2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] traffic crimes, and types 2 (Death of Traffic Accidents) (Special Aggravation) from among general traffic accidents, and the punishment and non-prosecution factors (the scope of recommending sentence] of imprisonment without prison labor for not less than 4 months but not more than 10 months;
3. Determination of sentence: The defendant who is under a suspended sentence of six months shall be sentenced to imprisonment without prison labor;