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

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

Punishment of the crime

The defendant is a person who is engaged in driving a C observer car.

On September 16, 2015, the Defendant driven the above car at around 06:50, and proceeded along the intersection in front of the E Hospital D located in the Hannam-gun, Gyeongnam-do along the two-lanes from the Do-ri Seaside to the ebbbb-Eup.

Since there is an intersection where signal apparatus has been installed, the defendant engaged in the driving of motor vehicles had a duty of care to prevent accidents by safely driving the motor vehicle in accordance with the signals by safely examining the front side and the left side.

그럼에도 불구하고 피고인은 이를 게을리 한 채 피고인의 진행 방향 전방의 황색 신호에 그대로 교차로에 진입하여 신호 위반한 과실로 마침 반대편 도로에서 신호에 따라 비보호 좌회전을 하던 피해자 F(57세) 운전의 C 라보 화물차를 미처 피하지 못한 채 피고인의 승용차 전면 부위로 피해자의 화물차 우측면 부위를 그대로 들이받고, 그 충격으로 인하여 피해자로 하여금 화물차 외부로 튕겨 나가 도로에 떨어지게 하였다.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above, which caused the death of the victim due to the diversative trauma around 21:00 on the same day while he was under treatment after being transferred to Samsung Changwon Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site reports (whetherCCTV has been confirmed and whether the vehicle under suspicion has violated the signalling system on the suspected vehicle);

1. On-site photographs and CCTV images to captures;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] Article 62-2 of the Criminal Act (including special mitigation) and Article 3(2) of the Special Education Act concerning the basic area (including special mitigation) of types 2 (Death, etc. of Traffic Accidents) (Article 8-1 and 16).