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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in the driving of B, Grandroth.

On August 28, 2020, the Defendant driven the upper mar car around 05:00, and led the front road located in Gwangju Seo-gu, Gwangju to proceed to the direction of both villages from the basin of the river basin.

At the time, there are nights and places where the speed limit is 60 km per hour, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the speed limit and driving the motor vehicle in good manner.

Nevertheless, the Defendant neglected to do so and was negligent in driving the speed exceeding approximately 23.5km to 29.3km on the opposite side, thereby violating the straight line signal in the direction E and making the left turn on the opposite side, and received the front part of the driver’s seat on the right side of the bicycle driving seat of the victim F ( South, 26 years old) who was driving in the direction E.

Accordingly, around 05:53 of the same day by occupational negligence, the Defendant caused the death of the victim, such as double alleys, who were sent to and received treatment from the I Hospital located in Gwangju-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident to J;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. Relevant photographs;

1. Application of Acts and subordinate statutes of a 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: From January to five years of a credit cooperative;

2. Scope of the recommended punishment according to the sentencing guidelines [type 2] The general traffic accident [type 2] mitigated factors for the death of a traffic accident (special sentencing person]: In the event that the victim has gross negligence due to the occurrence of a traffic accident or the expansion of damage, the victim is not subject to the punishment [the area of recommendation and the scope of the recommended punishment], the area of special mitigation [the scope of the recommended punishment], February through one year without prison labor;

3. Determination of sentence: Eight months;