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

The defendant is a person who is engaged in driving a Class C cargo vehicle.

On March 11, 2018, the Defendant driven the above cargo vehicle around 19:05, and led to the flow of 235-day passage from the flowway to the two-way widths at a speed of about 95 km in the speed of 195 km.

In this case, in a section with a restricted speed of 60 km per hour, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle within the restricted speed, to make the traffic situation well, and to accurately manipulate the steering gear and brakes, and to prevent the accident from occurring.

Nevertheless, the defendant neglected this and found the victim D(62) who was walking at the front direction of the defendant's proceeding at the time when the speed exceeds about 35 km per hour, and immediately fested the victim D(62) while shocking the victim by shocking the victim from the front seat and glass window of the above cargo vehicle, which led the victim to go beyond the road.

Ultimately, the Defendant, due to the foregoing occupational negligence, was killed in the first-aid vehicle at around 19:40 on the same day, and the Defendant caused the death of the victim who was transferred to the sub-dong hospital located in the 25 Hadong-dong, Dong-dong, Dong-dong, Seoul at the same place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation ( details of computing speed);

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Recommendations for the application of the sentencing criteria: Persons subject to special sentencing between February and one year (special mitigation area): In cases where the victim has been negligent in causing traffic accidents, the victim is not subject to punishment;

2. Death by shocking a pedestrian while the defendant who has been driving in excess of a limited speed.