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

However, the execution of the above sentence shall be suspended for a period of one year 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 car.

On January 12, 2016, the Defendant driven the above car at around 05:40, and driven it at the speed of 542, the front distance of the elementary school, which is located in 542, Gosi-ro 542, from the private street room at the entrance of 8,000, the Defendant driven at the speed of one way between the three-lanes at the southcheon Hospital.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking the front door and left door well, accurately operating the steering and brakes, etc.

Nevertheless, the Defendant neglected this and found the victim C (I, 72 years of age) late to see the right side of the road from the left side of the Defendant’s course due to negligence, and received the part adjacent to the victim’s right side by driving ahead of the vehicle of the Defendant.

Accordingly, the Defendant caused the death of the victim due to the pulmonary injury in the Gelim University Sung-gu 170 o-ro 170, Geyang-si, where he was under the influence of transmission treatment after around 06:16 of the same day by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of death certificate (C);

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [The reasons for sentencing under the sentencing guidelines] - The area of special mitigation (two months to ten months) for types of general traffic accidents (accidents resulting from traffic accidents) - The special mitigation person: the victim is also at fault due to the occurrence of a traffic accident or the expansion of damage, and the victim is not subject to punishment (including efforts to recover damage) [decision of sentence] - Unfavorable circumstances: The occurrence of the result that the victim’s death may not be complied with - normal circumstances favorable: the defendant recognizes his/her mistake and reflects his/her fault.