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

On November 26, 2017, at around 16:05, the Defendant was a person engaged in driving a car B, and the Defendant was driving from the intersection of the Daejeon Dong-gu, Daejeon to the forest bath of the Appellate Dong-dong by about 63km in speed, from the intersection of the 1-lane C, Dong-gu, Daejeon, to the forest bath of the Appellate Dong-dong. The Defendant was negligent in driving the bridge of the victim D (77 years old) crossing the road from the right side of the Defendant’s vehicle to the left side, and caused the Defendant’s death of the victim from the credit prop-off at the Gyeongnam University Hospital around 17:45 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. (1) (2) The actual survey report and the on-site photograph of the accident scene;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports and traffic accident analysis and appraisal reports;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the event a victim is negligent in the occurrence of a traffic accident or the expansion of damage even in the area of special mitigation (two months to one year) (the special mitigation factor] [the victim], the court below's decision to punish the victim (the defendant's decision to punish the victim] caused a serious result in the defendant's death because he neglected to do so, but the victim was negligent in unfairly crossing the victim, the vehicle comprehensive insurance is covered by the victim, the fact that there is no criminal record, the victim's bereaved family members' agreement with the victim, the fact that the victim's age, sex behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as the sentence as per the order.