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

However, 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

The defendant is a person who is engaged in driving a B-to-car.

On November 4, 2019, the Defendant driven the above vehicle on November 16:15, 2019, and got the fire station distance intersection located in 193 from the sking area to the sloping area.

Since the location was an intersection with frequent traffic of vehicles, there was a duty of care to prevent accidents bypassing the road according to the right side of the road while checking whether there is a pedestrian crossing the road by properly examining the traffic conditions on the front side and the right side.

Nevertheless, the Defendant neglected this and entered the two-lanes of the three-lane road, which was trying to enter the right-hand side of the two-lane road, and did not confirm the bicycle riding on the right-hand side of the moving direction, and did not confirm the bicycle riding of the victim C (Nam, 84 years old) who passed the road, and did not reach the right-hand side of the above bicycle due to the negligence of driving the vehicle.

Ultimately, at around November 5, 2019, the Defendant caused the victim's death due to the above occupational negligence, which was being treated by the D Hospital located in Ansan-si, Ansan-si on November 5, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, actual condition investigation report;

1. Related photographs;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Although the suspended sentence under Article 62(1) of the Criminal Act resulted in a serious consequence of the death of a victim of the reason for sentencing, the sentence as ordered shall be determined by taking into account the following factors: (a) the defendant has agreed with the victim’s bereaved family members; (b) the defendant is the primary offender; and (c) the defendant’s age, character and conduct, environment, family relationship, motive