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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence shall be suspended for a period of 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 driving of B concrete mixed vehicles.
On January 25, 2018, the Defendant driven the above vehicle at around 17:16, and continued to drive the vehicle at the vicinity of the entrance of the third secretary in the workplace of the D Company located in the Geum-gu, Busan.
In such cases, the driver has a duty of care to prevent accidents by safely driving the steering system, such as making a well-brush of the front door and accurately operating the steering system.
Nevertheless, while the defendant neglected this and moved forward, he did not discover the victim E (68) who was coming to the left side from the right side of the defendant's moving direction to the front side of the vehicle, and had the victim go to the right side of the defendant's front side of the vehicle and moved about 3 meters to the victim's front side of the vehicle, without having the victim go to the front side of the vehicle.
Ultimately, around January 28, 2018, around 13:05, the Defendant caused the victim to die from the Busan-gu Busan-gu Busan-gu Busan-do Busan-ro Busan-ro Busan-do Busan-do-ro, which was 75.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. The actual investigation report on traffic accidents;
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 the selection of imprisonment without prison labor;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)
1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);
2. Circumstances disadvantageous to the decision of the sentence: The circumstances that are favorable to the occurrence of the serious consequence of the death are reflected, and are the first offense, and have agreed with the bereaved family members.