Defendant shall be punished by imprisonment without prison labor for one year.

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

On January 12, 2018, at around 15:05, the Defendant driven a first-class car in B B, and proceeded bypassing the road of the D in front of the D in C at the original city from the lower school to the air protection area at the regular hospital.

Since there is a crosswalk at a front door, the defendant who was engaged in driving of the motor vehicle had the duty of care to safely drive the motor vehicle and prevent the accident in advance by checking whether there was a pedestrian by reducing speed and taking a front door well, but the defendant neglected to do so and did not discover the victim E (79 years old) who was used immediately in front of the end-down crosswalk as it was, and did not discover the victim E (the 79 years old) who was used directly in front of the end-down crosswalk as it was, and caused the victim to die by neglecting the victim's body part due to the defect in the motor vehicle of the defendant's driving on the part of the part of the motor vehicle, which was the part of the victim's body caused the death of the victim by damaging the heavy symptoms at the Switzerland hospital located in the 20th day of Won-si

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report, a actual investigation report, and a death diagnosis report;

1. Each investigation report (each investigation report 8,9);

1. Application of statutes on field photographs;

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;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] The general traffic accident category 2 (Death by Traffic Accidents) (4-1 year) [the person subject to special mitigation] who is not subject to punishment [the decision of sentence] because the defendant's negligence driving led to the result that the victim's death cannot be observed due to the defendant's negligence, so the case is serious.

Although the victim seems to have been going beyond the road immediately before the accident occurred, since the point in excess was just front of the crosswalk, and at the time, it was clear, it can be sufficiently avoided if the defendant was driven by paying due attention and reducing the speed in preparation for the situation in front of the crosswalk.