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

On December 13, 2015, the Defendant driven a three-lane car around 08:20 on December 13, 2015, and, while entering the intersection of Yongsan-gu Seoul Metropolitan Government Han River in the direction of North group, entered the two-lanes among the four-lanes, and immediately changed the course to the three-lanes.

Since there is a road where a concession sign is installed at the time of a U-turn, if it is likely to obstruct the normal passage of other vehicles, it shall yield the right of way to other vehicles, and when the lane is altered, the driver of the motor vehicle has a duty of care to safely operate the front left and right and the brake system and prevent the accident in advance by operating the brake accurately.

Nevertheless, the Defendant neglected this and operated a motor device by the negligence of driving a bicycle by changing the lane, and did not discover the victim D (16 years old) who was going straight along three lanes in the direction of the south of Han River. As part of the motor device driving right side of the motor vehicle operated by the Defendant, the said victim got out of the left side of the motor device driving by the said victim.

Ultimately, the Defendant suffered injury, such as brain injury, etc., due to such occupational negligence. Accordingly, around December 13, 2015, the Defendant caused the death of the victim by a female mother hospital located in Yeongdeungpo-gu Seoul Metropolitan Government on December 13, 2015.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police for E;

1. A survey report and a death diagnosis report;

1. Application of Acts and subordinate statutes to photographs of documentary evidence and on-site evidence after ex officio death;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment, general traffic accidents, death of traffic accidents, and mitigation area: Imprisonment without prison labor for not less than April to one year: No punishment shall be imposed;

2. The main reasons for determining the suspension of execution are as follows.