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

However, the execution of the above sentence 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 is engaged in driving of Cystren vehicles.

On September 18, 2016, the Defendant driven the above vehicle on September 10:15, 2016, and driven the three-lane road in front of the E cafeteria in Changwon-si, Changwon-si, Busan, along one-lane, to the Msan East Police Station in the two sub-sections.

At the same time, the speed of restriction is 60km per hour, and the crosswalk was installed in the front bank, and the center line has a strong landscape, so a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the speed of restriction and driving the motor vehicle in good manner.

Nevertheless, the Defendant neglected this and proceeded with the speed of more than 12.8 to 18 km per hour, and failed to find out the victim F(75) who was driving a bicycle on the right side of the direction of the Defendant’s proceeding by negligence while driving a bicycle on the right side of the road, and caused the damage to the victim by the driver in front of the above rocketing car.

After all, the Defendant sent the victim to H hospital located in Changwon-si G in Changwon-si, Changwon-si on the same day due to the above occupational negligence and caused the death of the victim due to the injury to the double symptoms during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. A traffic accident analysis and appraisal report and a traffic accident analysis report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing guidelines apply, are applied: Where the victim is negligent by gross negligence in the occurrence of traffic accidents or the expansion of damage, even if the victim is involved in the mitigation area (from April to one year);

2. Circumstances favorable to the decision of sentence: The defendant makes a confession of the crime of this case;