Defendant shall be punished by imprisonment without prison labor for one year.

except that the execution of the sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On June 20, 2018, the Defendant driven the above car at around 20:0 and proceeded the front road C with about 20 kilometers in speed from the d station to the E apartment room.

At that time, the Defendant discovered that the Victim F (F) was prone to the front line along with his driving. In such a case, the Defendant had a duty of care to safely drive the vehicle and prevent the accident by sending the signal with a horn, etc. by reducing the speed to those engaged in driving of the vehicle.

Nevertheless, the Defendant neglected this and found the victim's right side from the left side of the defendant's running side, and took an urgent action to avoid this time, but the measure was insufficient to take, so that the victim was forced to go beyond the ground by shocking the victim with the front part of the vehicle, and the victim was facing the front wheel part of the vehicle.

Ultimately, the Defendant caused the death of the Victim F by occupational negligence in H Hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu G, Incheon, where the victim F was under the follow-up treatment on June 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, a yellow survey report, an accident video CD, and a death diagnosis report;

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 selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is a serious result of the death of the victim due to the mistake of the defendant, and that there is also need for strict punishment considering the suffering of the bereaved family.

However, there seems to be some room for considering the circumstances of the accident, and the defendant agrees with the victim's bereaved family in addition to the insurance management.