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

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

Punishment of the crime

The defendant is a person who drives a fixed freight vehicle C.

On April 15, 2017, the Defendant driven the above vehicle at around 09:57, and led to the left-hand turn at a speed of about 50km from the south side of the arche to the intersection of the arche of the Asia-gu, Chang-gu, Chang-gu, Chungcheongnam-do at the speed of about 50km in speed.

At this point, the passage of pedestrians is frequent, and there is a red on-and-off signal at the front section, so in such a case, the driver of the motor vehicle has a duty of care to carefully check whether there is a person crossing the intersection by temporarily stopping the front section and the left and right before entering the intersection, and to carefully check whether there is a person crossing the intersection before entering the intersection and prevent the accident.

Nevertheless, the Defendant neglected to temporarily stop without having access to the intersection as it is, and caused the victim D(72) crossing the road from the original sports park to the KT from the original sports park to the front part of the Defendant’s vehicle.

As a result, the Defendant caused the death of the victim due to the above occupational negligence due to the suspension of brain function according to the severe brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A death certificate;

1. A report on the occurrence of a traffic accident and the report on a traffic accident;

1. Photographs of traffic accident records;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The basic area (8 months to two years) of the type of traffic accident (the death of traffic accidents) (the person subject to special sentencing) (the person subject to special sentencing) and the scope of comparison of recommended sentence: 8 months to 2 years (the decision of sentence].