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 this judgment became final and conclusive.

Punishment of the crime

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

At around 15:10 on September 11, 2014, the Defendant driven the above van and proceeded with it at the parking lot in the salary grade elementary school located in salary-dong at the time of Jinju.

Since there are frequent passage of people in the parking lot as a school premises, the driver of the motor vehicle has a duty of care to safely operate the steering system and the steering system accurately.

Nevertheless, the Defendant neglected this and caused the victim C(76 years of age) to go to the bottom of the seat of the Defendant due to the negligence in the course of business, which was frightened by a person on the rear side of the van.

Ultimately, the Defendant suffered injury, such as trauma and scarcity, due to the above occupational negligence, and caused the death of the victim at the Gyeongju-dong Hospital located in Jinju-si around 15:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report and a traffic accident report;

1. On-site photographs and victim photographs;

1. A death certificate;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant 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, concerning criminal facts;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for the sentencing below) is serious result of damage as the victim died. However, on the other hand, there is no record of having been punished for the same crime, and there is no record of having been punished for the same crime in this court around 1998, except for the case where the victim was punished for larceny.