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

The Defendant is a person engaged in driving QM3 automobiles.

On April 25, 2020, around 00:45, the Defendant continued to drive a two-lane road near the 9west-gu west-gu west-ro, Seo-si, Seo-gu, Pung-si, with two-lanes, at the speed of about 129km in Si/Gun, depending on the authenticity of the two-lanes.

At the time, it is night and its limit is 70km per hour. In such a case, there was a duty of care to prevent accidents in advance by complying with the restricted speed to a person engaged in driving a motor vehicle, and by safely operating the steering and brakes properly.

Nevertheless, the Defendant neglected this and proceeded with the restricted speed exceeding about 59 km per hour by negligence, which led to the victim C (W, 71 years old) who was walking on the right-hand side of the marina road.

Ultimately, the Defendant caused the death of the victim at the same place on the same day by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. Application of the Acts and subordinate statutes to replys as a result of the analysis of traffic accidents and data on black stay images;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 286 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the defendant's act of excessive driving at the night and resulting in the death of the victim.

However, the victim is also negligent in walking along the lane, the vehicle of the defendant is covered by a comprehensive insurance, and the victim's bereaved family members and the defendant agreed to do so, the defendant's age and character, family relation, motive, means and consequence of the crime, and other various sentencing conditions specified in the trial process of this case, such as the circumstances after the crime.