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

However, the execution of the above 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 vehicle of C New FD.

On September 5, 2017, the Defendant driven the above vehicle at around 04:20 on September 5, 2017, and proceeded two lanes in front of the common fishing market in Seo-gu, Busan, Seo-gu, Seo-gu, with the speed from the intersection of Chungcheongnam-do to the eculation of the sea water.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to take the front left and right well, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and went beyond the floor by shocking the victim D (71) who crossed the crosswalk due to negligence.

Ultimately, the Defendant caused the death of the victimized person due to the above occupational negligence in Busan National University Hospital located in Seo-gu, Seo-gu, Seo-gu, Busan, where the victimized person was under medical treatment after around 06:10 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A death certificate;

1. Responses on traffic accident investigation and analysis results, and the application of Acts and subordinate statutes reporting results;

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

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

1. Two types of traffic accidents (Death or injury caused by traffic accidents) to be mitigated (from April to one year) within the scope of the recommended punishment (person subject to special mitigation) shall not be punished;

2. The Defendant, who was sentenced, proceeded 74 km on the road at a speed of 60 km, and the Defendant’s ongoing signal was changed from the red to green before the accident 2 seconds.

In light of this, the defendant should be punished strictly in light of the fact that the defendant's neglect of the duty of care is not less severe and that the result of the victim's death has resulted from the serious result.

On the other hand, however, the punishment should be determined in consideration of the above special mitigation factors and reflects, and the fact that there is no record of punishment.