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

except that 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 B 2 cargo vehicles.

On May 2, 2014, at around 17:05, the Defendant proceeded at a speed of 40 km per hour with a three-lane road in front of the C building in the Gyeongnam Development-gun, a rural village from the boundary of a public playground.

At that time, since the center line of yellow-ray is installed, a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

Nevertheless, as long as the Defendant neglected to do so, the victim D (the age of 80) who was driving from the vehicle in the opposite direction to the Defendant’s vehicle due to the negligence in the opposite direction, the Defendant was faced with the front part of the driver’s seat of the vehicle.

Ultimately, the Defendant, by the foregoing occupational negligence, sent the victim D to the Standing University Hospital around 17:08 of the same month, resulting in the death of the victim E, such as respiratory part and blood pressure, etc., and suffered injury to the victim E (V, 74 years old) of the passenger E (hereinafter “Plaintiff E”), which requires approximately 12 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Investigation report (to attach a medical certificate to passengers E);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment without prison labor (Consideration of the fact that a serious result has occurred, such as the death or serious injury of a victim, and a traffic accident caused by central line intrusion, etc.);

1. The fact that all the bereaved family members and the injured victims of the dead victim under Article 62 (1) of the Criminal Act of the suspended execution have been agreed, the fact that the automobile comprehensive insurance has been subscribed, and the first offender; and