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

However, 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 driving of K5 si.

On April 7, 2019, at around 00:17, the Defendant continued to run approximately 86 km each hour according to the two-lanes of Si roads, from the 3rd road, the two-lanes of Si roads from the 3rd road in Kimhae-si, Kimhae-si.

At the time, there are nights, apartment buildings, commercial buildings, etc. are anticipated to pass by pedestrians on both roads, and the speed of restriction is 70 km a speed. In such a case, the driver of the motor vehicle has a duty of care to safely drive the steering wheel and the operation of the steering wheel in a limited speed and prevent accidents in advance by operating the steering wheel and the operation of the steering wheel in a safe manner.

Nevertheless, the Defendant neglected this and negligently driven in excess of about 16 km in speed, and caused the Defendant to go on the right side from the left side of the running direction of the Defendant to the right side of the victim E (V, 72 years old) who dried up the crosswalk in red signal.

Ultimately, around 00:55 on April 7, 2019, the Defendant caused the death of the victim due to the above occupational negligence from the G Hospital emergency room located in Kimhae-si F due to the acute smoking disorder.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes governing accident site 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, and Article 268 of the Criminal Act.

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] - The area of mitigation of types 2 (Death of Traffic Accidents, etc.) in general traffic accidents (the imprisonment without prison labor for not less than four months from one year to one year) - Where the victim is at considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (the decision of sentencing) [the decision of sentencing] under the following circumstances, and the defendant's age, character and behavior, environment, and