1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That 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

At around 05:40 on December 19, 2014, the Defendant, who is engaged in driving of a car, operated the said car, and continued the national highway No. 22 prior to the “E” located in Young-gu, Young-gu, Jeonnam.

At the time, the victim F (58 years of age) is a new wall at the front of the defendant, and there was a duty of care to drive a motor vehicle at a sufficient interval by reducing speed to those who are engaged in driving of the motor vehicle and taking the movement of pedestrians.

Nevertheless, the Defendant neglected this and found the victim as soon as possible due to the negligence of driving the vehicle and caused the victim to suffer multiple sponsions by taking the victim's bridge and head over the road due to the driver's failure to drive the vehicle at the right end. On December 19, 2014, around 06:45, the Defendant died of serious brain damage at the Young-gun General Hospital located in Young-gun, Youngnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, on-site photograph, victim photograph, and death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for a period between April and October, general traffic accidents in the area of mitigation area: A person who is subject to special mitigation in the area of mitigation of traffic accidents: A person who is not subject to punishment.

3. Determination of sentence: A sentence of imprisonment without prison labor for four months, the suspension of execution for two years, the result of the death of the victim and the result of the damage; however, the defendant is in profoundly against the first offender; when the new wall was carried out, the defendant would not have been able to detect the victim who flicked national highways which are not entirely equipped with delivery or sidewalk with clothes and to prevent accidents; and the driver of the defendant.