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

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

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

At around 11:20 on August 22, 2018, the Defendant driven the said cargo vehicle and proceeded with the three-lane road in front of Eunpyeong-gu Seoul Metropolitan Government C in a “non-economic region,” along the two-lanes.

In such cases, the driver of a motor vehicle shall accurately operate the steering gear, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle, and shall have the duty of care to safely drive the motor vehicle, such as reducing the speed of the motor vehicle in the vicinity of the crosswalk, preventing any unforeseen accident by accelerating the speed.

Nevertheless, the defendant neglected to perform his duty of care on the front side while driving on the front side of the crosswalk without permission, and found it late after the victim D (W, 77 years old) who opened the pedestrian signal from the right side of the crosswalk to the left side of the crosswalk and operated it rapidly. However, the victim's body part did not avoid, but did not go to the front side of the cargo, and had the victim go beyond the road.

As a result, the Defendant caused the victim to suffer injury due to the above occupational negligence, such as the external cerebrovascular and the ductal macy, and immediately after being transmitted to the “E Hospital,” resulting in death at around 15:03 on the same day during treatment.

Summary of Evidence

1. A traffic accident report (1), 2 (2);

1. A death certificate;

1. Application of the Acts and subordinate statutes on black stuffs and video CDs;

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. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., the agreement with the bereaved family members, the fact that a sea-going vehicle is subscribed to a comprehensive automobile insurance policy, and the fact that there is negligence on the part of an unauthorized victim regarding the occurrence of the instant traffic accident).