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

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 who is engaged in driving a rocketing car.

On September 11, 2018, the Defendant driven the above car at around 18:30 on September 11, 2018, and led the intersection of which is 24-9, Busan Gangseo-gu, Busan, to the Busan Gangseo-gu Police Station.

In such cases, there was a duty of care to safely enter the intersection by ascertaining whether another motor vehicle that enters the intersection is entering the intersection before entering the intersection and reducing the speed of the motor vehicle.

Nevertheless, the Defendant neglected this and got off the victim C(67 years old) driving at the intersection from the left-hand side of the running direction of the defendant by the negligence of entering the intersection.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the E Hospital located in Seo-gu Busan, Seo-gu, Busan due to the low oxygen damage during treatment on the 12th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and accident site photograph;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Where the occurrence of a traffic accident or expansion of damage has been grossly negligent for the victim, even though the victim is in the area of special mitigation (two to one year) (special mitigation) within the scope of recommendation according to the sentencing guidelines, no penalty shall be imposed (including serious efforts to recover damage);

2. Determination of sentence: (a) disadvantageous circumstances such as the degree of damage caused by the death of the victim of the instant accident; (b) the Defendant recognized the instant crime and repented the mistake in depth; (c) the victim has a substantial fault in the occurrence of traffic accidents or the expansion of damage; and (d) covered by a comprehensive insurance policy.