Defendant shall be punished by imprisonment without prison labor for two years.

However, the execution of the above punishment shall be suspended for three 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 a landing season B.

On April 28, 2020, the Defendant driven the above vehicle on April 12:48, 2020, and proceeded bypassing the two-lane road in front of the Dmaart C in Ulsan-gu, Ulsan-do along the two-lanes from E to F elementary school at the right speed.

In such a case, there is a duty of care to temporarily stop in the stop line to the person engaged in driving of the motor vehicle, and to check whether there is a pedestrian who intends to cross the vehicle by checking well before and after the stop line.

Nevertheless, by negligence of neglecting this and proceeding, the Defendant left the road between the crosswalk and the stop line from the right side of the defendant's running direction, and received the victim G (70 years old) from the right side of the defendant's driving to the right side of the locker line.

Ultimately, the Defendant caused the death of the victim from the above occupational negligence, i.e., the injury to the body of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the defendant neglected his duty of care while driving the softener, resulting in the death of pedestrians, and the responsibility for the crime is hot.

However, taking into account the fact that the victim's bereaved family members do not want the punishment against the defendant, and taking into account all the factors leading to the accident, the degree, age and environment of the defendant's negligence, and the circumstances after the crime, the defendant's punishment shall be determined as ordered.