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 becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of B SP car.

On September 13, 2019, at around 01:40, the Defendant driven the front road of Pyeongtaek-si C along about 85 km each other along the two lanes between the two lanes north of the direction.

At the time, it is night, and there is a road 70 km per hour adjacent to the crosswalk, so there was a duty of care to check whether a person engaged in the driving of a motor vehicle is a person to observe the speed limit and to see well the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and found the victim D ( South and 31 years old) who illegally crosss the above road 17 meters away from the crosswalk to the right side of the crosswalk, and did not avoid it, but did not leave the victim's body by receiving the part of the victim's body in front of the above SP car.

Ultimately, the Defendant caused the victim's death by occupational negligence on September 13, 2019, from the emergency room of the F Hospital in the Gangnam-gu, Dongnam-gu, dong-gu, dong-gu, to the external shock.

Summary of Evidence

1. The defendant's legal statement, the actual condition survey report, the report on the occurrence of traffic accidents, and the analysis of traffic accidents;

1. Application of Acts and subordinate statutes to death diagnosis reports and photographs at accident sites;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act and the choice of imprisonment

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Scope of recommendation [decision of types] according to the sentencing guidelines: General traffic accident [Type 2] no person who causes a traffic accident (the area of recommendation and the scope of recommendation] (the scope of recommendation] and the basic area of recommendation [the scope of recommendation], and August through two years;

3. Determination of sentence: The imprisonment without prison labor for eight months and the suspension of execution for two years as follows: