Defendant shall be punished by imprisonment without prison labor for eight 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 engaging in driving a rocketing car.

On July 12, 2018, the Defendant driven the above car at a speed of about 89 km in the direction of SamsungM distance from the middle village to the five-lane road above the 593-lane of the Daejeon Daejeon Seocheon-ro, Daejeon. The Defendant driven the above car at a speed of about 00:35 meters at a speed of about 89 km in the direction of the middle village.

At the time, night and its restricted speed is 60km per hour, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as complying with the restricted speed and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and found the victim C(71) who was crossing the above road from the right side of the Defendant’s vehicle to the left side at a speed of about 89 km per hour when the limit is exceeded 29 km, and found the victim C(71) who was crossing the above road to the left side of the Defendant’s vehicle, and received the victim’s left side part of the victim’s body as the front part of the Defendant’s vehicle.

Accordingly, at around 01:15 on the same day, the Defendant caused the death of the victim by the occupational negligence in the E Hospital located in Daejeon Jung-gu, Daejeon to “the evidence of severe pains and scarcity damage”.

Summary of Evidence

1. Defendant's legal statement;

1. The report on actual condition, photographs, and the report on request for appraisal;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to five years of imprisonment without prison labor;

2. Scope of recommendations according to the sentencing guidelines: Imprisonment without prison labor for two to one year (decision of a type): General traffic accidents [Type 2] mitigation element of traffic accidents (special sentencing factor].