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.

Criminal facts

The defendant is a person who is engaged in driving of B-learning passenger cars.

On January 16, 2019, the Defendant driving the above vehicle at around 18:03, and driving the front road of the Songpa-gu Seoul Metropolitan Government C apartment Ddong from the E apartment room to the F market room, one-lane between the two-lanes.

The course has changed into two lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering direction and the brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant did not neglect this and did not discover the victim G (L, 77 years old) who was crossing from the left side of the above road to the right side by changing the course from the first lane to the second lane without examining it well, and received the victim as the front part of the above car.

Ultimately, at around 20:15 on February 23, 2019 by occupational negligence, the Defendant caused the death of the victim from cerebral transfusion at an I Hospital located in G in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to medical certificates, medical records, and death certificates;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The range of recommendation according to the sentencing guidelines [decision of type] the traffic crime group, general traffic accident, type 2 (Death, etc. of Traffic Accidents): Where there is a substantial negligence on the occurrence of traffic accidents even for the victim (finite). The mitigation element of punishment is limited to the mitigated area of imprisonment without prison labor for 2 months to 1 year.