Defendant shall be punished by imprisonment without prison labor for ten 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 a ecoo vehicle B.

At around 04:00 on June 16, 2020, the Defendant continued the front road of the Busan Northern-gu Seoul apartment complex at a speed of about 105.3km each hour, depending on the one-lane distance from the side of the Yangsan-gu post office, along the four-lane distance.

At the time, there is a duty of care to prevent accidents in advance by maintaining the speed limit to those engaged in driving of a motor vehicle at night and at least 60 km a speed, so there was a duty of care to prevent accidents in advance by checking the situation of the front and left and right while complying with the speed limit.

Nevertheless, the Defendant neglected this and did not avoid the victim D (55 years old) who was crossing the road without permission from the left side of the direction of the Defendant’s proceeding to the right side of the road, due to the negligence of driving the speed exceeding about 45 km per hour, and received the victim as the part of the front part of the car of the Defendant’s driving.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, resulting in the victim’s cerebrovascular death due to the two frameworks.

Summary of Evidence

1. Defendant's legal statement;

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

1. Requests for appraisal;

1. A written result of autopsy;

1. Application of accident video CD-related statutes;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. In view of the fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence leads to the occurrence of an accident resulting from the occurrence of an accident that leads to the occurrence of the victim’s uncomparedness, it is inevitable to select a sentence of imprisonment without prison labor.

However, at the time of the accident, the victim was also crossinging a four-lane road without permission. At the time of the accident, it seems that there was a limitation on the defendant's camping due to the night, and the defendant reached an agreement with the bereaved family members of the victim.