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

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

Punishment of the crime

The defendant is a person who is engaged in driving of a horse.

On May 28, 2017, the Defendant, around 07:30 on May 28, 2017, had the non-packaged farming route in front of the Yecheon-gun C progress toward the accounting of water from the side of the mountain.

The defendant's horse was old, and the accident place was a farm with the surface of the road, so the person engaged in driving service has a duty of care to check the safety of the horse and to prevent the accident by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, the Defendant neglected to do so and did not operate the light flag, thereby falling under approximately five meters away from the left-hand side of the direction of the course, and loaded the light at a height of about 5 meters, which was the victim D (W, 70 years old) who was on board the light, and sent it back to the rear wheels on the left-hand side of the said light.

The Defendant caused the death of the victim by his occupational negligence to the respiratory part due to the closure of the instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Report on internal investigation (No. 14 No. 5 of evidence list), investigation report (No. 15 of evidence list);

1. Reporting on the occurrence of a traffic accident and reporting thereon;

1. Written records of autopsy and documentary evidence of autopsy;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The range of recommended punishment [the types of decisions] according to the sentencing guidelines for traffic accidents in general shall be limited to the range of punishment [the scope of recommended punishment] that is subject to mitigation of punishment (the scope of recommended punishment]: From four months to one year;

2. The details of the instant accident, the relationship between the Defendant and the victim (a couple who has lived together for a long time), and the victim.