Defendant shall be punished by imprisonment without prison labor for one year.

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 engaging in driving a leisure car B.

On October 19, 2013, the Defendant driven the above car on the 18:39th day of October, 2013, and driven the road in front of the plenary central funeral hall in the Bosung-gun, Bosung-gun. From Bosung-Eup to Bosung-Eup, the Defendant continued to drive the above car at approximately 50km in speed.

The Defendant, prior to the same direction, had a duty of care to secure and proceed with a safe distance to avoid when he / she well sees the situation in which the Defendant was engaged in driving service, and the Defendant had a duty of care to ensure the safe distance to avoid when he/she stops the horse.

Nevertheless, the Defendant neglected this and failed to discover a light engine driving by the victim and operated excessively closely, and was found to have been loaded behind the light engine driving the Defendant’s vehicle by negligence in front of the right-hand part of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence at the E Hospital’s middle-patient’s rooms located in Gwangju Metropolitan City, which was under the follow-up treatment at around 01:15 on October 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act (i.e., the first crime and the agreement with the victim's bereaved family members);