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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On July 24, 2017, the Defendant driven the above car at around 14:10, and led the road to turn to the left at the speed of 5km from the north-west Park to the visual tower at the ekm of Ulsan-gu, Ulsan-gu.

At this point, there was a crosswalk where signal lights are not installed, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a person who gets on the way to check the front door well and to prevent the accident in advance.

While neglecting this, the defendant neglected to check the traffic situation of the defendant's right side, the defendant did not look at whether or not there is a pedestrian to walk the crosswalk in the front side of the road, and caused the victim D (the 55 years old) to dry the way from the right side to the left side of the crosswalk, using the crosswalk, and going beyond the ground.

On August 12, 2017, the Defendant caused the death of the victim at the E Hospital around 20:23 on August 12, 2017 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, on-site map, a survey report on actual condition, a ledger of driver's licenses of a motor vehicle, a chassis, CCTV photographs, a death diagnosis report, and a written agreement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The scope of punishment recommended according to the sentencing criteria and the scope of general traffic accidents shall be limited to the mitigated area (the death or injury of traffic accidents).

2. Circumstances unfavorable to the reasons for sentencing: The favorable circumstances, such as the fact that the case was serious due to the death of a traffic accident on the crosswalk: the defendant reflects the crime of this case, the fact that the defendant agreed with the injured party, and the criminal punishment exceeding the fine.