Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

except that 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

On June 7, 2019, the Defendant, who is engaged in driving a rocketing car, was driving the said car on June 7, 2019, and was driving at the entrance of the D in the front of the C at the Seocheon-si, from the Young-si to the Young-si, one-lane between the two-lanes.

At the same time, the maximum speed was 80 km in the general roads of two lanes, and the surface was milched. In such a case, there was a duty of care to operate a person engaged in driving a motor vehicle at a speed of 20/100 reduction of the maximum speed.

Nevertheless, the Defendant neglected to do so and went over a speed of 124 km a speed exceeding the limit, and caused a car driven by the Defendant to turn off the car in the front part of the Defendant’s vehicle, which is left on the left side of the road, and received a retaining wall in the front part of the Defendant’s vehicle, which was located on the right side of the road.

결국, 피고인은 위와 같은 업무상 과실로 동승한 피해자 E에게 약 12주간의 치료가 필요한 경추 다발성 골절 등의 상해를 입게 하고, 동승한 피해자 F(60세)이 차량 밖으로 튕겨나가게 하여 위 피해자가 즉석에서 교통사고에 의한 중증 뇌손상으로 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding report, a traffic accident analysis report, a black stuff, a video CD;

1. Application of Acts and subordinate statutes to death certificates and diagnosis certificates;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1), the proviso to Article 3 (2) and Article 3 (3) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the cases causing death or injury by traffic accident, traffic accident circumstances, the degree of illegality of the defendant's negligence, the relationship between the defendant and the victims, and the smooth agreement.