A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On April 29, 2015, the Defendant operated K Benz car around 02:00, and proceeded at a 7-laned road in front of the sampling village in Seocho-gu Seoul Metropolitan City, Seocho-gu, with its 6-laned speed along the erode of the eroctic intersection from the area where the eroctic body is located in the valleys in the city highways in the city highways in Seocho-gu, Seoul.

At the time, there is a bus stop at night and at the front, so there was a duty of care to check whether a person who is engaged in driving of a motor vehicle passes on the road and prevent the accident in advance.

Nevertheless, due to the negligence that the Defendant was unable to see the rest right side by driving the front side and the rear side of the left side of the dedicated road, the Defendant did not discover the victim L (Nam, 52 years old) who was walking the same side as the Defendant, and was placed on the front side of the said car.

The Defendant, by the foregoing occupational negligence, stopped the victim immediately after leaving the floor beyond the floor and does not take necessary measures, such as providing relief to the victim, and caused the victim to die at Samsung Seoul Hospital located in Gangnam-gu Seoul, Seoul, Seoul, around 02:48 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. A traffic accident report;

1. Each black boxes and video CDs (Evidence Nos. 11,30);

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

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act regarding the crime. Article 5-3 (Selection of Imprisonment with Labor for Abandonment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the victim, at night, was a victim of the road without permission, who sees the road where the vehicle takes the clothes in color.