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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B cargo vehicles.

On January 04, 2020, the Defendant driven the above cargo vehicle around 07:00, while driving the front road C at Jeju, the front road was driven in accordance with the one-lane, one-lane from the west Fire Station to the gold-proof area.

Since there are frequent traffic of the elderly at the 30km speed as a protective zone for the elderly, the driver has a duty of care to prevent accidents by complying with the speed limit and accurately operating steering gear and brakes.

Nevertheless, the defendant neglected this and found the victim D (the age of 87) who was crossing the motor vehicle to the right side at the speed of about 58 km a speed exceeding 28 km per hour, due to the negligence of driving the motor vehicle at a speed exceeding 58 km per hour, and delayed behind the defendant's moving the motor vehicle from the left side of the moving direction, and did not avoid it, and did not get the victim to go beyond the road.

Ultimately, at around 00:07 on the same day, the Defendant caused the death of the victim due to cerebral cerebral injury on the front road in Jeju Island.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, relevant photographs, actual condition survey reports on traffic accidents, photographs of the accident site and the accident vehicle, autopsy reports, body photographs, body photographs, internal investigation reports (verification, etc. of the accident site and the scene of the accident), requests for appraisal, inquiry and assessment reports on traffic accident, traffic accident analysis and assessment reports, and investigation reports (states and the details of replies

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The reason for sentencing of Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the crime of this case is under the speed of 30 km per hour as the protection area for the aged.