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

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

Criminal facts

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

On July 6, 2017, the Defendant driven the above car at around 20:20, and led the three-lane road in front of the D in the time of harmony to go about about 111 km in the direction of Si/Eup/Myeon in the direction of Si/Eup/Myeon at the time of harmony.

Since the place is a road with a speed of 60km per hour, the defendant engaged in driving service has a duty of care to safely drive the steering gear and brakes by complying with the speed of restriction and by accurately manipulating the steering gear and brakes while keeping the steering direction and the left and right well.

Nevertheless, the Defendant neglected this and proceeded at a speed exceeding about 51 km per hour while getting off the victim E (54 ) who was a construction work at the front section of the same lane at the same time. The Defendant got off the floor above the left side of the car above the Defendant’s driving.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the Asia University Hospital, which was located in the Young-si, Youngwon-si, Youngwon-si, 164, around 21:51 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Results of the survey report on actual condition, report on the occurrence of a traffic accident, death diagnosis report, and analysis of traffic accident ES;

1. Vehicle photographs, road photographs, and motion picture of a changeer;

1. Application of the Act and subordinate statutes on Report of Investigation (Korean Track Track Track);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing criteria apply: Special mitigation area (from February to one year) to which the special mitigation area is applicable: In cases where the injured party has gross negligence on the occurrence of traffic accidents even if the injured party is also at fault, no penalty shall be imposed;

2. Circumstances favorable to the accused shall be as follows:

The defendant is deeply divided and reflected in the crime of this case.