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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a person who is engaged in driving a Clearning car.

On July 5, 2017, the Defendant driven the above car on July 21:38, 2017, and driven it along the two-lane 4-lane from the ririth to the free distance.

Since the speed of traffic signal installed is 70 km/h k-distance intersection, the driver of the motor vehicle has a duty of care to comply with the speed limit and to prevent the accident by safely driving the motor vehicle in accordance with the new code.

Nevertheless, the Defendant neglected this and found the victim D (46 cm) who crosses the road to the right side from the left side of the front bank by his negligence going beyond the speed of 104km/h of speed by entering the intersection of yellow knife, and did not immediately operate the road, but did not avoid it, and did not go beyond the ground by the victim due to the front part of the said car.

Ultimately, the Defendant caused the death of the said victim by occupational negligence at the emergency room of the F Hospital in Ulsan-gu, Ulsan-gu, Seoul-gu, to the death of the said victim due to serious brain damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A traffic accident report, photographs, a fact-finding report, a body death certificate, and an accident video CD;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to 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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommending a range of punishment to be recommended on the sentencing guidelines: The basic area (one month to two years) of the types of general traffic accidents (the death or injury of traffic accidents): In cases where the illegality in Article 3 (2) (excluding subparagraph 8) (proviso) of the Act on Special Cases of the Teaching, is serious (aggravated increase);

2. Circumstances unfavorable to the reasons for sentencing: Case of death of traffic accident is not easy, but overwork, etc.