Defendant shall be punished by imprisonment without prison labor for six 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 a K5-car.

On May 10, 2017, the Defendant driven the said car at around 04:50, and proceeded at the speed of 96km from the Busan Central Office, which is located in 160 as the center of the Busan Central Office, to the south-do along the two-lanes from the Busan Central Office.

At the time, it was difficult to flick the road due to heavy rain on the surface, and the restricted speed is 60 km, so there was a duty of care to observe the restricted speed and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected this and took a balke to change the course while moving a speed exceeding 36 km per hour. However, the Defendant was able to shock the traffic island on the left side of the moving direction while the said car did not move at the speed, and balkeed the traffic island on the left side of the moving direction, and continued to stop, and received the roadside trees that were planted on the right side of the vehicle on the left side of the moving direction.

Ultimately, the Defendant caused serious injury to the victim C (22C) who was on the top of the operation of the said car due to the foregoing occupational negligence, resulting in the injury of brain pathy, etc., for which the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. Photographss by cutting a black boom;

1. A medical certificate;

1. A certificate of medical treatment;

1. The second traffic safety facilities deliberation committee in 2010, which are subject to the rapid adjustment of the highest speed as a result of holding meetings of the traffic safety facilities deliberation committee in 2010;

1. Answers on traffic accident analysis results;

1. Application of the Acts and subordinate statutes of the daily meteorological statistical table;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing of Article 62(1)(the following favorable circumstances) of the Criminal Act shall be the victim by negligence.