The punishment of a defendant shall be determined by a credit cooperative for ten months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

On November 23, 2019, the Defendant driven the above car at around 14:10, and proceeded in the direction of a string in the direction of driving the road near the Dong-dong reservoir located in 161-8, Seoul Special Self-Governing Province.

Since there is a one-lane road, in such a case, the driver has a duty of care to prevent accidents by driving the center right part of the road and by checking well the right and the right and the right of the road.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded with the median line, the Defendant received the part above the left-hand part of the D Freight Driving by the victim C (year 81) driving in the direction of driving in the direction of driving along the opposite lane of the said road as the front-hand part of the car driving by the Defendant.

Ultimately, around November 24, 2019, around 06:24, the Defendant: (a) caused the death of the victim C due to the pulmonary mar marry, etc. at the hospital of the Jeonbuk University; and (b) suffered injury to the victim E (V) who is the passenger of the said cargo vehicle, for about seven weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to damage assessment for the same victim);

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, field photographs of traffic accidents, and death certificate;

1. Article 3 (1) and the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on any person who commits a crime with heavier penalty shall be imposed);

1. Selection of alternative imprisonment without prison labor;

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

1. Not more than five years of imprisonment without prison labor, the scope of punishment by law;

2. The scope of the recommended sentence according to the sentencing guidelines (the scope of the recommended sentence) shall be the type of general traffic accident.