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

Criminal facts

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

On September 26, 2017, the Defendant driven the above vehicle around 16:50 on September 26, 2017, and proceeded four lanes from the 4-lanes in front of the new seat of the name tag in Gangseo-gu Busan Metropolitan City, at a speed of about 60km in speed from the new side of the name tag to the speed of about 60km.

Since there is a crosswalk where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to prevent accidents by checking whether there is a person who gets on the right and the right of the front side of the motor vehicle and complying with the signal.

Nevertheless, the defendant neglected this and got the victim D (V, 58 years old) who dried the crosswalk in accordance with the pedestrian signals due to the negligence of the defendant's failure in driving the crosswalk in violation of the signal.

Ultimately, the Defendant caused the victim to die by occupational negligence on October 15, 2017 at Busan National University Hospital located in Seo-gu, Seo-ro 179, Seo-gu, Busan National University Hospital, which was under treatment for transmission after around 10:00 on October 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of statutes, such as field photographs of traffic accidents;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The range of recommended punishment on the sentencing criteria [the types of decisions] and the types of general traffic accidents (the death of a traffic accident) [the person who is subject to special sentencing] mitigated elements: The area of mitigated punishment (the determination of the recommended area and the scope of recommended punishment], the area of mitigated punishment, four months from the imprisonment without prison labor to one year.

3. The decision of sentencing resulted in a serious result of the death of the victim due to the care of the defendant.

The instant accident is a bicycle in violation of the Defendant’s signal.