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.

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA-learning car.

On February 20, 2018, the Defendant, at around 06:50, proceeded with the 49-lane of the Busan Jin-gu Welfare Project, “The Love Office for the Opening of the Busan Bank” along the two-lanes of the “The Love Office for the Opening of the Busan Bank”, along the two-lanes of the road from the long distance of the opening to the Gin-gu Hospital.

At the same time, there was a crosswalk that does not have a pedestrian signal at the time, so there was a duty of care to take care of the person engaged in driving of the motor vehicle in order to prevent the traffic accident in advance by taking into account the surrounding areas of the motor vehicle and reducing the speed of the pedestrian.

Nevertheless, due to the negligence of neglecting this, the Defendant did not discover the victim E (74 tax, hereinafter “the Deceased”) walking along the crosswalk from the right side of the Defendant’s running direction to the left side, and did not get the victim to go beyond the ground (hereinafter “the instant accident”). As a result, the Defendant caused the victim to die due to the injury of two minor parts during the instant treatment to the Busan White Hospital around 09:32 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report of traffic accidents, the ledger of driver's licenses, chassis, each photograph/cinematographic output, death medical certificate, and opinion on autopsy;

1. Relevant legal provisions concerning criminal facts, 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 and the order to attend a lecture [the scope of recommended punishment] The mitigated area (4 months to 1 year) of Class 2 of the General Traffic Accidents (Death by Traffic Accidents) [the person subject to special mitigation] [including efforts to recover damage] of the mitigated area (including the person subject to special mitigation] of punishment [the decision of sentencing] according to the sentencing guidelines, although the punishment is not imposed or the damage is recovered due to mitigation grounds, this is strict.