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

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

Punishment of the crime

On May 2, 2020, the Defendant driving a Bchip car at around 12:00, and driving the Bchip car at about 45 km from D to D, Gwangju City, by driving a one-lane road at the front of the Gyeonggi City.

Since there is an intersection where a signal, etc. is installed, there was a duty of care to safely drive a person engaged in driving service in accordance with the signals.

Nevertheless, the Defendant neglected this and received the right side of ATV (STV) driven by the victim E (the 78-year-old) driving on the right side from the left side of the running direction of the Defendant due to the negligence of the vehicle progress signal while the vehicle progress signal was red.

Ultimately, the Defendant caused the death of the victim due to double damage, etc. while transferring the victim to G Hospital located in G Hospital in Geju City F in Gyeonggi-si for treatment at around 13:02 of the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a survey report on the occurrence of a traffic accident, a report on the occurrence of an accident site photograph, a report on internal investigation (verification of a black image), a photograph of the case-related image, a photograph of a defense contractor, a body autopsy report, and a traffic accident analysis report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant shocked the victim who passed the intersection in the direct advanced sea and brought about the death of the victim, even though the signal of the former intersection was red signal.

It shall not be strictly punished by heavy negligence and heavy result.

However, considering the circumstances that the defendant is against the defendant, and there is no criminal record causing a traffic accident and the agreement with his/her bereaved family, various circumstances revealed in the arguments, such as the circumstances after the crime, the age and health of the defendant, family relationship and living environment.