However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The Defendant is a person who is engaged in driving of a motor vehicle B and C.

On December 4, 2015, the Defendant driven the above vehicle at around 10:45 on December 4, 2015, and led D stations located in C to proceed with the direction of crypology from the direction of the south mountain intersection.

In such cases, a person engaged in driving service has a duty of care to safely drive the brake system, such as taking the front side and left side well, and accurately operating the brake system.

Nevertheless, the Defendant neglected to do so and went in front of the Defendant’s vehicle by negligence, resulting in the death of the victim E (45 years) who rand away from the vehicle to prepare for the replacement of road seat on the two-lanes of the above road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a survey report on actual condition;

1. A death diagnosis report or postmortem report;

1. Application of each photograph, each of the Acts and subordinate statutes reporting on investigation;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The territory of recommendation and the scope of recommended sentences: Type 2, the scope of mitigation / the penalty for April to October 10, the serious reflectiveness, and the purchase of automobile comprehensive insurance;

2. Determination of sentence: The execution of sentence shall be suspended and community service shall be ordered, considering the fact that an agreement has been reached with the bereaved family members and the mistake has been seriously reflected, although a serious result of death has occurred due to a traffic accident for 8 months or 2 years of suspended execution, and that there has no serious record of crime;