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

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

Punishment of the crime

On August 2, 2017, the Defendant driven a BKank-gu car with the business of around 20:05, and continued to drive a BKan-gu car at the Cheongcheon-ro, Cheongcheon-gun, Cheongcheon-do, Cheongcheon-ro, Cheongcheon-ro, Cheongcheon-ro, Cheongcheon-do, 1-lane, at the Cheongcheon-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as taking the right of the front side well and accurately operating the steering and brakes.

Nevertheless, while the defendant neglected to do so, he did not avoid the victim C (74) who crosses the above road from the right side of the defendant's moving toward the left side and did not go beyond the road.

Defendant 2 caused the death of the victim due to the long-term damage in light of 20:56 on the same day while he/she was sent to the E hospital located in the Cheongju-si E Hospital and received treatment due to such occupational negligence.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement traffic accident investigation report, situation report, and accident site photo death report;

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;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended punishment] is that the victim is negligent in the occurrence of traffic accidents or the expansion of damage in the area of special mitigation (two months to one year) [the specially mitigated person] under Article 62-2 of the Criminal Act: The victim's death and the result of the accident is very high.

The factors of sentencing favorable to the defendant reflects the defendant's wrongness.

The occurrence of an accident is of considerable negligence even to the victim who seems to have unauthorized crossing the road during night.

The bereaved family of the victim shall be paid 20 million won, and the bereaved family shall agree to do so.