A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a person who is engaged in driving 400cc mixed, CBR400 Oba.

On April 18, 2018, the Defendant driven the off-line 20:55, and driven the off-line 3-lane from the long distance 70km at the speed near the “C” located in Jeju-si.

Since the victim E (the 70-year-old age) was lying on the bend and the above road was dried on the bend, in such a case, the Defendant engaged in driving service had a duty of care to safely drive on the bend and prevent the accident in advance by complying with the speed limit.

Nevertheless, the Defendant neglected this and proceeded about about 107.2.km of speed exceeding the limit and caused the death of the victim due to the negligence of finding the victim late that the victim scams the road, resulting in the death of the victim by taking the front part of the above scamba, and allowing the victim to take treatment at F Hospital around 17:34 on May 17, 2018.

2. The Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, as stated in the preceding paragraph, operated without registration 400cc mixed with CBR400 Oral Ba, which was not covered by mandatory insurance without obtaining a driver’s license at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. A death certificate;

1. Notification of traffic accident analysis results;

1. Blue image;

1. Registers of driver's licenses;

1. Applying the notification statutes to persons subject to violation of the Automobile Management Act;

1. Relevant legal provisions for criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating vehicles which are not mandatory insurance and the choice of imprisonment).