Defendant shall be punished by imprisonment without prison labor for one year.

Punishment of the crime

On September 10, 2018, the Defendant driven a motorcycle BGTS125EFI 124CC on Sep. 10, 2018, and proceeded one way in front of the Kumsan-dong in Kimhae-si, Kimhae-si, in the direction of the Gumsan-si tunnel.

At the same time, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle at night by safely driving the motor vehicle while living well on the right and the right.

Nevertheless, the Defendant neglected to do so and found the victim C(68 years old) late to the port from the right side of the motor bicycle running on the right side of the motor bicycle due to negligence, which caused the Defendant to neglect the duty to stop on the front, but did not avoid it, and received the victim from the front side of the above motor bicycle.

As a result, the Defendant caused the death of the victim due to the occupational negligence, such as the multi-pock long-term injury on May 15, 2019, while receiving treatment from the E Hospital located in the Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The actual condition survey report;

1. A medical certificate or death certificate;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without prison labor

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. The range of recommendation [decision of types] according to the sentencing guidelines for traffic crimes: The general traffic accident [Type 2] There is no person who causes a traffic accident [the scope of recommendation area and recommendation] [the scope of recommendation area], the basic area of the traffic accident [the scope of recommendation area and recommendation], the period from August to two years without prison labor [the general person] - the mitigation element: The serious reflectness and there is no record of criminal punishment.

3. Determination of sentence: One year without prison labor;