Defendant shall be punished by imprisonment without prison labor for ten 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.

Punishment of the crime

The defendant is a person who is engaged in driving a car i40.

On October 14, 2016, the Defendant driven the above car at around 20:05, and proceeded with a 100-meter radius from the Youngcheon-si E, Youngcheon-si.

A person engaged in driving a motor vehicle to a place where a crosswalk is installed has a duty of care to temporarily stop in front of the crosswalk in order not to obstruct or endanger the crossing of pedestrians and safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and found the victim G (Wing, 72 years old) who walked on the right side of the road along the crosswalk from the right side of the Defendant’s course by negligence, and shocked to the front part of the Defendant’s vehicle.

As a result, the Defendant caused the death of the victim from his job to cerebral blood, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a survey report on actual condition and a criminal investigation report (a corpse inspection report, etc.);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area of mitigation (from April to one year) (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

The degree of violation of the duty of care of the defendant is very serious.

A favorable condition: The defendant is the bereaved family member of the victim.