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

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

Punishment of the crime

The Defendant is a person who is engaged in driving of K5 si.

On May 2, 2016, the Defendant driven the above taxi around 12:00, and proceeded with the direction of the history distance in the direction of the Howon 2 Dong community service center in the direction of Howon 2, the two lanes in front of the government of the Gyeonggi-si.

At the same time, there are frequent traffic of people and pedestrians at the same time, so in such a case, there was a duty of care to prevent accidents in advance by operating the brake system properly, such as driving a vehicle on a tent or stopping, so as to prevent pedestrians from shocking with a vehicle by living well.

Nevertheless, the defendant neglected this and found it late to see that pedestrians are putting a roadway, and failed to operate the brake system properly, and caused the victim D (W, 81 years old) who was a driver of the vehicle driving by the defendant to use it on the road due to the shocking of the gate in front of the left side of the vehicle driving by the defendant.

As a result, the Defendant caused the death of the victim due to the occupational negligence at the government-oriented mother hospital of the Tol University, which was located in 271, a 14:52 next to the same day, due to the death of the victim due to diversified trauma at the government-oriented mother hospital of the university.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Accident video CDs;

1. A death certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Selection of a credit cooperative without prison labor for punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The grounds for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) [the scope of recommended punishment] are two types of traffic accidents (the death of traffic accidents), and the mitigation area (the period from April to one year), [the person who is specially mitigated] who is not punished (including efforts to recover from damage], the victim's negligence of crossing without permission