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

However, the execution of the above sentence 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 a car in the B SP area.

On July 10, 2015, the Defendant driven the above car at around 20:30, and proceeded with the fourth line of the street in front of the Sdong Integrated Social Welfare Center located in Gangseo-gu Busan Metropolitan City, along the lower side of the street from the intersection of gender to the lower side of the street.

At the time, it is night and its limit is 70 km every hour, so a person engaged in driving service has a duty of care to prevent accidents by complying with the restricted speed.

Nevertheless, the Defendant neglected this and found the victim C (43 ) who crossed a road by neglecting the speed exceeding about 77 km in every hour, and did not avoid the road, and caused the victim's body failure to stop the road. Therefore, the Defendant caused the victim's body impact on the said vehicle.

The Defendant caused the death of the victim due to the injury to diversified, such as the head of around 20:55 on July 10, 2015, by negligence in the course of performing the above duties.

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 against D;

1. A written statement prepared by the defendant;

1. Application of Acts and subordinate statutes to survey reports on actual condition, reports on the occurrence of a traffic accident, on-site pictures, death opinions, dead bodies inspection and appraisal reports on traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines [the types] the ordinary traffic accidents, the types (the death of a traffic accident) and the mitigated area (the person subject to special sentencing] also have a substantial fault in causing traffic accidents or expanding damage, and the victim is not subject to punishment (the scope of a sentence to reduce a traffic accident) (the scope of a recommendation) from April to October;

2. Determination of sentence: The nature of the crime of this case resulting in the death of the victim by negligence in violation of the speed limit is very poor, but the victim is also a victim.