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

Punishment of the crime

On September 25, 2017, the Defendant: (a) driven a car with CB-T-T-T-TT-Arti-ro on a road in front of the “Gu Office of Chuncheon-ro 249, Chuncheon-ro,” and (b) led to the Defendant’s sale of the land from the surface of the flat distance room to the square.

At the time, it is night, and at the time, two lanes are located, and the speed limit is 50 km a speed, so there was a duty of care to safely drive the driver by complying with the speed limit and accurately manipulating the steering and brakes.

Nevertheless, the victim D (the 77 years old) who was dried up on the right side from the left side of the running direction due to the negligence of operating the restricted speed exceeding 23 km per hour, without neglecting it, was placed in front of the above passenger car.

The Defendant caused the death of the victim due to the above occupational negligence by traffic accidents while receiving the cardiopulmonary resuscitation from the Gangwon University Hospital, which was located in the 156 Mancheon-si, Mancheon-ro, 05:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on site photographs, variable photographs, actual survey reports, death diagnosis reports, response to requests for appraisal, and application of each Act and subordinate statutes on criminal reporting;

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;

1. The reason for sentencing of the selective imprisonment without prison labor seems to be that the defendant has committed the instant crime while making a confession of all the instant crimes, the fact that there is no record of punishment more than imprisonment with prison labor, and that the victim was crossing without permission is favorable to the defendant.

However, the fact that the victim died due to the instant accident and that the victim did not agree with his/her bereaved family members, which led to a serious punishment against the defendant, is disadvantageous to the defendant.

In addition, the sentencing as shown in the argument of this case, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime.