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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 5, 2016, the defendant driving a D Poter freight vehicle around 09:06 around 09:06, and led to the direction of the D Poter Center in the vicinity of the Gwangjin-gu Council of Gwangjin-gu, Seoul, along one-lane between the two-lanes in front of Gwangjin-gu, Seoul.

In this case, the driver has a duty of care to prevent accidents in advance by temporarily stopping the speed of the person engaged in the driver's duty and by checking whether there is no pedestrian crossing.

Nevertheless, the Defendant neglected this and got the victim F (the age of 76) to cross the crosswalk from the right side of the proceeding to the left side of the road due to his negligence, and caused the victim to have the front part of the Defendant’s vehicle go beyond the floor, and due to the shock, the Defendant caused the victim to die with cerebral macy, external lebane, and external lebrosis at the H hospital located in the Seoul Jung-gu G around October 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the traffic accident report, death diagnosis report, and photographic Acts and subordinate statutes;

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

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

1. Determination of a sentence not to punish a person who has been sentenced to punishment for the mitigation area (4 to 1 year) of the mitigation area (the person who has been specially mitigated) on the grounds of sentencing guidelines set forth in Article 62-2 of the Social Service Order Criminal Act [the person who has been sentenced to punishment for a traffic accident]: The sentence shall be suspended by taking into account the fact that the degree of violation of the duty of due care is heavy for pedestrians who walk up the crosswalk 2 years suspended for a period of eight months and the victim died; however, the sentence shall be suspended by taking into account the fact that there is no other punishment power except for the person who has been sentenced to a fine once due to drinking driving, against the fact that there is no other punishment power, except for the person who has been sentenced to a fine on one occasion due to drinking driving