2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

3.

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 19, 2014, the Defendant, around 21:40, operated the 2nd line road on the national highways of Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and the 44th parallel line on the national highways, on a two-lane basis, from Seoul to the human control surface, on a speed of approximately 80 kilometers.

At the same time, a person engaged in driving of a motor vehicle at night had a duty of care to prevent accidents by accurately manipulating the steering prior to and right-hand of the motor vehicle, and by accurately operating the steering and brakes.

Nevertheless, the defendant neglected this and caused the death of the victim C (ma, 46 years old) who was in the two-lane due to the negligence of driving the two-lane by neglecting it.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Visual photo;

1. Application of Acts and subordinate statutes on a written autopsy;

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. Article 62 (1) of the Criminal Act (The following favorable circumstances in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] General traffic accident [Special Mitigation Zone] [Special Mitigation Zone] [Special Mitigation Zone]] (including efforts to recover damage) in the occurrence of traffic accidents or the expansion of damage where the victim was negligent due to considerable negligence in the occurrence of traffic accidents or in the expansion of damage, the decision not to punish the victim [including the decision of sentence] (1) although the victim was at a point 92 meters away from the accident place, he was at a point 92 meters away from the accident place, the victim was negligent in crossing without permission on the national highway; (2) the accident time is at least 21:40, the victim was at least 21:40, and it appears that it would not be easy for the defendant to avoid the accident; (3) the defendant was covered by the comprehensive insurance policy with the motor vehicle operated by the defendant; and (4) the defendant's wife of the victim amounted to KRW 30 million.