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 CM5 car.

On October 15, 2017, the Defendant driven the above car at around 14:00, and moved to the right bypass the roads of the Etype E type and the two-lanes in front of the Gangseo-si, Gangnam-si, Gangwon-do, from the parallel wedding room to the bank of the Dong community service center located in Gangwon-do.

At the right edge of the second lane, the Defendant was driving a bicycle in the same direction as the Defendant, and the Defendant attempted to overtake and bypass it. In such a case, the Defendant was obliged to safely drive the bicycle after checking whether the bicycle was driven by the victim by looking at the string of the two lanes.

Nevertheless, the Defendant, after passing a bicycle driven by the victim, failed to take into account the speed and direction of the bicycle as it is, by negligence bypassing the right part of the above SM5 car without considering the speed and direction of the bicycle, got the front part of the bicycle driven by the victim into the right part of the above SM5 car and let the victim use it on the road, and caused the head of the bicycle to go against the floor.

Ultimately, the Defendant caused the death of the above victim due to the above occupational negligence at the H hospital emergency patient department located in Gangseo-si G, Gangwon-si, which was undergoing the transmission treatment after around 04:46 of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to report the occurrence of a traffic accident, report on a traffic accident, photographs and carcasses of the scene of the accident, death certificate, and report on internal investigation (security of black stuff images);

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the first crime, the agreement with the bereaved family members, the fact that the insurance is covered by a comprehensive insurance, and the defendant has no gross negligence);