Defendant shall be punished by imprisonment without prison labor for ten 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

The defendant is a person who is engaged in driving of B Belgium car.

On November 25, 2015, the Defendant driven the above car at around 17:45, and proceeded at a speed of about 65 km in the city, depending on the franchising surface of the D in front of the D, which is located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheong.

A person engaged in driving motor vehicles has a duty of care to prevent accidents by accurately manipulating the steering gear and operation of the steering gear by reducing speed and keeping the steering right and the right and the right of the front.

Nevertheless, the Defendant neglected the duty of care on the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty are

Ultimately, the Defendant caused the victim’s death by occupational negligence at the above time and place, resulting in the victim’s death due to brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs of traffic accidents, and on-site photographs of traffic accidents;

1. A death certificate, a photograph of a deceased person, and a postmortem report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Application of the sentencing criteria [Determination of the types] traffic crimes, general traffic accidents, and Type 2 (Death, etc. of Traffic Accidents) (the scope of decision-making in the area of recommendation and the scope of sentencing recommended] basic area, August to June of the credit cooperative;

2. Circumstances unfavorable to the determination of sentence: The Defendant’s negligence that caused the instant traffic accident while using a mobile phone while driving is not less vulnerable, and the occurrence of the victim’s death was serious result due to the instant crime, and the Defendant still suffers from the damage.