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

However, the execution of a sentence 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 a HG car by sirening D.

On December 25, 2016, the Defendant driven the above car at around 10:50 on December 25, 2016, and led the front side road of Gwanak-gu Seoul Special Metropolitan City E Housing to KT-Gu telephone station.

In this case, a person engaged in driving service has a duty of care to look at the right of the front side and to prevent accidents by safely manipulating the steering direction and operating the steering gear in order to prevent accidents.

Nevertheless, the Defendant neglected to do so and did not find out the victim F (10 years old) coming from the left-hand alley of the direction of the Defendant's driving, and did not receive the victim from the front left-hand side of the car driving by the Defendant and got the victim to go beyond the road due to the shock.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to serious brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs;

1. Bluice stuffs images;

1. Application of Acts and subordinate statutes concerning postmortem records;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Two types of general traffic accidents (Death or injury caused by traffic accidents), the special mitigation area (from February to one year) of which is to be recommended: In the event that the victim has committed considerable negligence in the occurrence of traffic accidents or the expansion of damage, the victim shall not be punished;

2. According to the sentence-based video images, the victimized child is a child.