Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Punishment of the crime

The defendant is a person who is engaged in driving of a motorcycle B.

On February 6, 2019, the Defendant driven the above motorcycle on February 23:32, 2019, and driven the road of five lanes in front of the Songpa-gu Seoul building, Songpa-gu, Seoul at a speed of about 60km per hour, depending on four lanes in the direction of the gate in the direction of the gate.

At the time, rain was set off at night, and there was a crosswalk where signal lights are installed at the front of that place, so it was confirmed whether a person engaged in driving of a motorcycle is a person to reduce speed and to see the front door well, and there was a duty of care to safely drive according to the traffic signal to prevent the accident in advance.

Nevertheless, the Defendant neglected this and continued to change the signal to a stop signal at the same speed, and found the victim D (main and 34 years old) who cross the crosswalk from the left side to the right side in accordance with the pedestrian signal, and operated it to avoid this, but did not avoid it, and did not stop against the victim, and caused the victim to go beyond the floor by shocking the front part of the above motorcycle of the Defendant’s driving.

The Defendant caused the injury of the victim due to the above occupational negligence, and eventually, around 10:30 on February 8, 2019, the F Hospital located in Gangnam-gu Seoul Metropolitan Government E caused the death of the victim due to brain death.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each investigation report (No. 15, 17, 26).

1. The actual situation survey report and the comparison report;

1. Data on approval for the withdrawal of brain-dead patients and a death certificate;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, grounds for sentencing of imprisonment without prison labor

1. The application of the sentencing criteria (the range of recommendations) shall be the second category of ordinary traffic accidents;