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

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

Criminal facts

On February 28, 2020, the Defendant is a person who is engaged in driving B rocketing and another car, and the Defendant, around 18:53 on February 28, 202, had two-lanes of the three-lanes of the C Building in the front of the Gumnam-gun, Gumnam-gun, directed toward the direction of the direction from the front Eup.

At the time, it was difficult to view the accident at night, so there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving the vehicle with a view to driving the vehicle well.

However, the Defendant, while neglecting the above duty of care, did not discover the victim D (70 years old) walking along the road in the same direction at the front of the defendant's Madge, due to the negligence of driving the vehicle as it is, and did not look at the victim D (70 years old).

At around 19:25 of the same day, the Defendant caused the death of the victim due to the occupational negligence, such as diversification of dives, etc. in the same workplace.

Summary of Evidence

1. Application of the police's written statement, written autopsy of the police to the defendant's legal statement E, and traffic accident report (1) (2), on-site photographs, and statutes governing the body photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 268 of the Criminal Act and the Selection of Imprisonment with prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Extent of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [Type 2], the death of traffic accidents (special-sponsor]: Reduction elements of punishment (agreement with the bereaved family members of the injured party): Reduction Area of punishment (the scope of recommendation area and recommendation range) and reduction area of punishment (the scope of recommendation area and recommendation range), April through one year;

2. Determination of sentence: The negative circumstances are that the result of the instant traffic accident is very significant for six months of imprisonment without prison labor, two years of suspension of execution, community service, 120 hours, and 40 hours of attendance order.

However, the bereaved family members of the victim do not want punishment against the defendant, the accident time of this case was difficult after the sunset, and the defendant is the victim crossing the three-lane road.