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

However, the execution of the above punishment shall be suspended for 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 cargo vehicle of Class B and Class III.

On October 17, 2018, the defendant driving the above cargo vehicle on the front side of Seongbuk-gu Seoul apartment road in Seongbuk-gu Seoul Metropolitan Government, and made it left left to the left in the direction of the Sneung 4 Residents' Center at the seat of the C apartment.

At the time, the signal was installed at night, and at the point where the defendant intends to turn to the left, there was a pedestrian who gets a crosswalk in accordance with the pedestrian green signals, so in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by safely driving the motor vehicle in accordance with the signal or instruction indicating the traffic safety facilities, and immediately after the pedestrian signal was changed to red, there is a pedestrian who has yet to break the crosswalk.

Nevertheless, the defendant neglected this, and the victim D (the 78 years old) who was unable to wear the crosswalks on the right side from the left side of the above cargo vehicle due to the negligence in violation of the signal was placed in front of the left side of the above cargo vehicle.

Ultimately, at around 22:00 on October 18, 2018, the Defendant caused the death of the victim at the F Hospital located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul due to cerebral blood.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A death certificate;

1. Application of the Acts and subordinate statutes to photographic stuffs images;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the Selection of Imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) [Special Mitigation] and the area of mitigation (4-1 year), punishment not (including serious efforts to recover damage) [Article 62-2] and the defendant signal.