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 became final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving a new town B.

On June 8, 2016, around 08:40, the Defendant proceeded at a speed of about 74.6 km from the non-sponsing side of the national highway C, about 313 degrees from the non-sponsing side to the water source.

On the side of the moving direction at the time, the victim D (year 71) was stopped due to the breakdown of the vehicle, and the victim sent approximately 100 meters prior to the front and 50 meters prior to the direction of the vehicle, and sent two containers on the front side to provide guidance so that other automobiles may suffer damage. In such a case, a person engaged in driving of the vehicle has a duty of care to safely drive the vehicle while driving the vehicle while keeping the front side and the left side.

Nevertheless, the defendant neglected this and tried to discover a contact that was set up in the front bank due to negligence, and change the course into another motor vehicle. In order to reduce the speed of the motor vehicle in the front side of the two-lane, and to avoid this, the defendant got into the front side of the motor vehicle in which the victim, who was set up in the front bank, was driving by the defendant.

Ultimately, the Defendant caused the death of the victim due to the injury inflicted on the victim by occupational negligence as mentioned above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to a report on investigation (in estimating the vehicle speed by video data);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Traffic Accidents in Type 2 (Crime of Motor Vehicle Accident Death, etc.) (Special Mitigation) [including efforts to recover damage] and not punished (including serious efforts to recover damage] [Determination of sentence] are received while the defendant stops on the side due to breakdown.