Defendant shall be punished by imprisonment without prison labor for one year.

However, 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

On September 13, 2016, the Defendant, who is engaged in driving of the said vehicle, was driving the said vehicle at around 08:20 on September 13, 2016, and had the said vehicle stopped in accordance with the stop signal prior to the crosswalk at the front of the patrol box located in the port of Busan.

Since there is a place where signal lights and crosswalks are installed, the driver of the motor vehicle had a duty of care to check whether there is a person who gets on the way to drive the motor vehicle, and to check whether there is a person who gets on the front side and the right side well and to drive the motor vehicle safely according to the new code.

Nevertheless, the Defendant neglected this and judged that all pedestrians have completed crossings even though the signal was a stop signal, and proceeded as it is. However, from the right side of the running direction of the Defendant Mad Co., Ltd., a victim C who crosses the crosswalk in accordance with the pedestrian signals, was shocked to the front part of the above vehicle driving by the Defendant, and accordingly, the victim going beyond the road, was sent to the right edge of the above vehicle.

Ultimately, the Defendant caused the death of the victim due to the diversity of the head, face, and body part at the scene of an occupational accident as above by negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to one CD, such as a traffic accident report (on the actual condition survey report), on the spot and vehicle photograph, climatic photo, body autopsy report, investigation report (as to attachment of images), and CD;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case for the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service was committed, resulting in the death of a pedestrian who has dried the crosswalk, and the crime is not good, and it seems that the victim and his bereaved family members suffered a great pain.