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

except that 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 service of Chump XD car.

On November 22, 2012, the Defendant driven the said car on the 05:35th day of November, 2012, and continued the front road of the “Facheon-dong, Namcheon-do,” in front of the “Facheon-do, Namcheon-do.”

Since a crosswalk is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account whether there is a pedestrian crossing the road.

Nevertheless, the defendant was negligent in driving the vehicle, and the victim D (70 years of age) was placed on the right side of the road in front of the above passenger vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E Hospital, where the victim was under the follow-up treatment at around 15:15 on the same day, due to brain pressure.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to traffic accident reports and death diagnosis reports;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the Defendant caused the death of the victim in violation of his duty of care and thereby causing irreparable pain and damage to the victim and his/her bereaved family members. However, the Defendant’s mistake is considered as a favorable condition to the Defendant, such as the fact that the Defendant recognized his/her mistake and paid approximately KRW 56 million of the insurance money as he/she purchased liability insurance, and the Defendant did not reach an agreement with his/her bereaved family members due to economic difficulties, but deposited KRW 10 million for the bereaved family members, and the Defendant’s deposit of KRW 10 million for the bereaved family members is considered as favorable conditions to the Defendant, taking into account all the sentencing conditions and sentencing guidelines as indicated in the argument of the instant case.