Defendant shall be punished by imprisonment without prison labor for ten 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

The defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On November 25, 2017, the Defendant driving the above cargo vehicle at around 06:50, and driving the front road D in front of the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, Police Station, with the shooting distance of the agricultural product market from the north-dong, Police Station as the shooting distance of the agricultural product market.

Since there is a crosswalk in which a signal, etc. is installed, a person engaged in driving service has a duty of care to check whether there is a person who gets involved in driving service by reducing speed and by properly examining the right and the right and the right of the road, and to safely drive the road in accordance with the new subparagraph.

Nevertheless, the defendant neglected this and caused the victim E (the 64 years old) who cross the crosswalk from the right side of the defendant's proceeding to the left side in accordance with the pedestrian signals due to the negligence of violating the stop signal while neglecting it, the defendant shocked the victim E (the 64 years old) in front of the cargo of the defendant.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at a Gacheon-ro Hospital located in the Namdong-gu Incheon Metropolitan City around December 10, 2017, resulting in the death of the victim due to the celebal brain typosis during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on occurrence and a report on actual condition;

1. A death certificate;

1. Application of each statute on photographs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area where the reduction area (from April to one year) is mitigated (the number of persons subject to special mitigation] of the two types of general traffic accidents;

2. The instant crime committed by the Defendant, while driving a car, led to the death of the victim of the crosswalk by negligence, causing the death of the victim of the crosswalk, and the relevant crime was grave, and the victim was lost only one victim due to the instant traffic accident.