Defendant shall be punished by imprisonment without prison labor for ten 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

On June 12, 2012, around 08:10 on June 12, 2012, the Defendant driven B B B 2, and proceeded with 18 national highways, which are located in the eroscopic scopic scopic scopical scopic scopic scopic scopic scopic scopic scopic,

Defendant

On the right side of the front side of the bicycle, the victim C(73 years old) is driving the bicycle in the same direction according to the edge of the road, and therefore, when driving the bicycle, he has a duty of care to safely overtake the bicycle by checking the speed, course, etc. of the bicycle well.

Nevertheless, the Defendant neglected this and neglected to take part of the left-hand side of the bicycle, thereby passing the bicycle in excess of the bicycle, and caused the victim to suffer injury to the victim, such as cerebral cerebral typing and sub-blood, etc.

Ultimately, the Defendant caused the death of the said victim by occupational negligence at around 02:54 on June 14, 2012 while receiving treatment at the Busan Metropolitan Government D Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs of the accident site;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (it shall take into consideration the favorable circumstances of the reasons for the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is negligent in paying due care to prevent bicycle and vehicle from facing a bicycle while overtaking a bicycle.

Considering the fact that the instant accident caused serious damage to the death of the victim of the instant accident, and the fact that the Defendant did not seem to have an attitude against the Defendant, it is reasonable to strictly punish the Defendant.

However, the defendant generally recognizes his fault and the bereaved family of the victim.