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

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

Punishment of the crime

The Defendant is a person who is engaged in driving a studal vehicle B.

On June 6, 2020, the Defendant, at around 16:22, proceeded with a road of the second line in front of the Gohap-gun, Gohap-gun C at the front side of the Gohap-gun.

In this case, a driver engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents by safely driving the motor vehicle, such as reducing speed according to road conditions and accurately operating the brakes.

Nevertheless, the Defendant neglected to do so and continued to turn to the left at the direction of the Defendant’s proceeding, and was found to have immediately discovered the vehicle of the victim D (the age of 87) who is driving in the direction of the Defendant, and received the right part of the above pedestrian aids as the front part of the vehicle driving by the Defendant.

At around 17:14 of the same day, the Defendant caused the victim to die due to the injury to the external wound at a regular university hospital located in Gyeongdong-dong, Jindong-ro 79 on the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person], the element of mitigation of punishment: In the area of reduction of punishment [the scope of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and April through one year;

2. The driver's negligence in the decision of sentence led to a serious result that the victim's death could not be observed.

However, the defendant's mistake is recognized and contradictory to himself, and the victim's bereaved families and families are common.