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

However, the execution of the above 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 December 28, 2014, the Defendant driven the above car at around 21:07, and proceeded with the direction of Pungsan metal on the front side of the Gangseo-gu bus terminal located in the Gangseo-gu Seoul Special Metropolitan City, Ansan-do.

There are no signals, and there are many pedestrians in front of a terminal, so a person engaged in driving service has a duty of care to prevent accidents by safely checking the left and right of the front side of whether there is a pedestrian.

Nevertheless, the Defendant neglected to do so and did not discover the victim C who was a pedestrian crossing on the right side from the left side of the marina course due to negligence, and did not discover the victim C, which was a front part of the said car, and suffered injury to the victim, such as a light flading the upper part of the left side of the car requiring approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident report, actual investigation report, on-site photographs, and death diagnosis report;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was sentenced to imprisonment without prison labor for the defendant, considering the fact that the defendant was unable to fulfill his/her duty of care as a driver, and that the victim was seriously injured by the need for medical treatment of about 12 weeks, and that the defendant was sentenced to imprisonment without prison labor;

However, there are many cases such as the fact that the defendant has divided his mistake in depth, the fact that he seems to have lived faithfully without committing any criminal history for the last seven years, and the defendant has subscribed to the automobile comprehensive insurance, and the victim has received approximately KRW 55 million from the insurance company for medical treatment and agreement.