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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

At around 16:30 on September 24, 2013, the Defendant driven the above car and proceeded to a downhead of the victim’s head in front of the Dong-dong Sports Center at the downhead of the river. While the Defendant was a downhead road with a certain seat and a pedestrian traffic is frequent, the Defendant did not discover the victim C (Nam, 70 years of age) who passed the road, such as the Defendant’s vehicle at the left side of the running direction of the vehicle and passed the road due to the negligence of the Defendant’s vehicle due to the driver’s negligence, and did not discover the victim C (Nam, 70 years of age) at the right side of the victim’s right side with the left side of the vehicle.

Ultimately, the Defendant caused the death of the victim due to brain damage from the Busan Seo-gu D Hospital, which was under medical treatment at around 19:35 on September 24, 2013 due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. The actual condition survey report;

1. An accident-related photograph;

1. A death certificate (C);

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

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for the sentencing below) causes the death of the victim by violating his duty of care and thereby causing irreparable pain and damage to the victim and his/her bereaved family members, shall be subject to a heavy punishment. However, although the defendant is aware of his/her mistake and is in depth against his/her will, the vehicle is covered by a comprehensive automobile insurance, and the defendant has agreed to separately pay 30 million won for the victim's bereaved family members, and there is no penalty power exceeding the fine, considering the circumstances favorable to the defendant.

It is so decided as per Disposition for the above reasons.