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

However, the execution of the above sentence shall be suspended for a period of 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 of a C Poter cargo vehicle.

On April 12, 2017, the Defendant driven the above vehicle around 20:10, and proceeded at a speed between about 67 km to 78 km and 78 km as Kimpo-si, Kimpo-si, 786 in front of the 786-distance street from the 3rd side of the players, toward the 4-lanes of the 6-lanes of the city.

At the time, there are nights and commercial buildings in the vicinity, so the defendant engaged in driving a motor vehicle has the duty of care to prevent accidents by accurately manipulating the steering left and right of the front side and the steering system and by accurately manipulating the steering and steering system of the motor vehicle.

Nevertheless, due to the negligence that the defendant neglected this, he did not discover the victim D(53) who was crossing the above road without permission from the right side of the defendant's proceeding direction, and did not discover it, and he was the victim as the front part of the above cargo vehicle driven by the defendant.

Ultimately, the Defendant caused the victim’s death from the F Hospital located in Kimpo-si, Gyeonggi-do, on April 12, 2017, around 20:53, due to the above occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is that the victim is at considerable fault in the occurrence of a traffic accident or the expansion of damage in the area of special mitigation (two months to one year) [the victim] under Article 62(2) of the Act on the Suspension of Execution (including efforts to recover damage), the victim is not subject to punishment (the decision of sentence] (the decision of sentence is against his/her own mistake), the victim's bereaved family members and the victim is at considerable fault in the occurrence of the instant traffic accident.