Defendant shall be punished by imprisonment without prison labor for ten months.

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

Punishment of the crime

On June 1, 2016, at 09:01, the Defendant, at the same time, driven a three-distance intersection in front of the rural village in the east-gu, west-gun, Chungcheongnam-gun, Chungcheongnam-do, at the speed of about 102.1km in the city-speed.

Since there is a place where the overtaking is prohibited zone and the speed of restriction is 60km per hour, the driver has a duty of care to safely drive by prohibiting the overtaking and observing the speed of restriction.

Nevertheless, the Defendant neglected this and continued to speed up to approximately 102.1km, leading the victim D (78 years of age) to the left-hand side of the bicycle, and caused the victim to go beyond the road by obtaining the front-hand side part of the bicycle as the front-hand side part of the bicycle.

Ultimately, around June 1, 2016, the Defendant caused the death of a victim, who was receiving a back-of-the-counter treatment at a F Hospital located in Gyeongsung-gun E, in the foregoing occupational negligence, due to the heart suspension, etc. of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

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

1. A death certificate;

1. A written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant law concerning the crime, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, and Article 268 of the Criminal Act, the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general traffic accident Type II (Death resulting from Traffic Accidents), the area where mitigation is (four months to one year) (special mitigation) (the area where bereaved family members are not punished;

2. Determination of sentence - Determination of favorable circumstances: the fact that the victim has agreed with the bereaved family members separate from the insurance coverage, the fact that there is no previous conviction, and the depth of his mistake.

(k) unfavorable circumstances: causes a traffic accident with strict and continuous speed in the zone where the overtaking is prohibited;