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 two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who drives D. D. S. S. P. S. A.

On October 5, 2016, the Defendant driven the Victim E (63), a workplace partner around 07:45, driving on the back seat of the above vehicle, and driving on the fourth-lane of the letter located in the name seat of Gangseo-gu Busan Metropolitan City on the three-lane in the direction of name-free distance from the IC to the direction of name-free.

At the time, there was a duty of care to prevent accidents in advance by safely driving the steering gear and brakes, such as reducing speed and accurately operating the steering gear and brakes, since the brush of the front door and the brush of the surface was down, and thus, the driver of the motor vehicle had a duty of care to prevent accidents in advance.

그럼에도 불구하고 피고인은 이를 게을리 한 채 속도를 줄이지 아니하고 그대로 차량을 진행한 과실로 빗길에 위 차량을 미끄러지게 하여 위 차량 뒤 범퍼로 도로 가장자리에 있던 전신주를 충격하여 위 차량 뒷좌석에 타고 있던 피해자로 하여금 위 차량 밖으로 튕겨 나가 머리 부위를 바닥에 부딪히게 함으로써 같은 날 09:13 경 동아 대학교 병원에서 후송 가료 중 두부 손상 등으로 사망에 이르게 하였다.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A survey report on actual conditions;

1. Application of statutes, written opinion on autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents) [In four months to one year] the mitigated area (including special mitigated persons] [including efforts to recover damage] reflects the decision of sentence], the non-guilty area of punishment (including efforts to recover damage), there is no history of punishment exceeding a fine exceeding a fine, and the sentencing conditions under Article 51 of the Criminal Act, such as the records of identical crimes, shall be determined as per the order.