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

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

Punishment of the crime

The Defendant is a person who is engaged in driving a bend vehicle B.

On November 23, 2013, the Defendant driven the above vehicle at around 19:24, and led to the fourth line road near the 1318-3-Dong-dong, Nam-gu, Incheon, to proceed with the fourth line of the road near the 1318-3-dong, Nam-gu, Incheon, into the area of the old-salkyun distance away from the area of the main road.

Since the victim C(59 years of age) was crossing the above road on the front side of the vehicle, the defendant engaged in driving the vehicle had a duty of care to prevent the traffic accident by accurately manipulating the front left, steering and brake devices.

Nevertheless, the Defendant neglected this and got the victim to receive the full part of the above vehicle due to negligence.

On November 24, 2013, the Defendant caused the death of the victim by training paralysis at D Hospital around 05:20 on November 24, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a traffic accident occurrence report, on-site map, traffic accident actual condition survey report, and traffic accident analysis results;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Areas subject to special mitigation among traffic crimes, general traffic accidents and death of traffic accidents on the sentencing guidelines: Where the victim of February through October (special offender) has been at considerable negligence in the occurrence of or the expansion of damage from the occurrence of the traffic accidents (free crossing at night on four lanes) and no penalty surcharge is imposed;

2. Determination of sentence: (a) the Defendant’s failure to perform his duty of care before the Defendant’s determination of sentence and the causal link between the instant accident is recognized; and (b) the victim’s death may not be less than the nature of the relevant crime; (c) the special form elements and the degree of violation; (d) the Defendant has no record of actual punishment; and (e) the Defendant’s age, character, conduct, environment, etc.