Defendant shall be punished by imprisonment without prison labor for six 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

On December 16, 2016, the Defendant driven the said car at around 16:00 on December 16, 2016, the Defendant driven the said car and driven the road of 4 lanes in front of the 104-lane East-dong apartment in the Changwon-si, Seoul Special Metropolitan City, in accordance with the three-lanes toward IC.

There are three-distance crossings in which signal lights are installed, and in such cases, the driver of the vehicle has a duty of care to thoroughly see the front hour for those engaged in driving the vehicle, and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로 진행방향 좌측에서 우측으로 보행자 적색 신호에 횡단보도를 뛰어서 건너 던 피해자 C(17 세) 을 뒤늦게 발견하고 급제동하였으나, 미처 피하지 못하고 피고 인의 위 승용차 운전석 쪽 범퍼로 피해자의 오른쪽 허리 부위를 충격하여 피고인 진행방향 전방 약 32m 앞으로 튕겨 나가 땅에 넘어지게 하였다.

Ultimately, around December 16, 2016, around 16:37, the Defendant caused the death of the victim due to the above occupational negligence from the Samsung Changwon Hospital to the scarbane.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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 Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. The grounds for sentencing under Article 62(1) of the Criminal Act are determined as indicated in the Disposition, taking into account the following factors: (a) the victim’s bereaved family members do not wish to punish the Defendant; (b) the Defendant was the primary offender; and (c) the Defendant’s age and the progress of the case.