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.

Punishment of the crime

The defendant is a person who is engaged in driving a C-3 car.

On December 26, 2017, the Defendant driven the above vehicle at around 07:25, and driven the front crosswalk D in Asan City, Asan City, and driven the front crosswalk at a non-speed speed depending on one-lane between the two-lanes from the shooting distance of the tourist hotel to the citizens.

At this point, there was a crosswalk where pedestrians’ signal does not work, and the vehicle signal was operated in a yellow condition, and it was difficult to walk around around the time of sunrise. Therefore, in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle by taking into account whether there is a person to reduce speed and to build the crosswalk.

However, the Defendant neglected to do so and did not discover the victim F (n, 79 years of age) who walkes the crosswalk to the right side in the right side of the proceeding direction, and caused the death of the victim due to the negligence of not discovering the victim F (n, 79 years of age) who walked on the front side of the Defendant’s vehicle, and caused the damage to the victim due to the shock of the vehicle in front of the Defendant’s vehicle at Asan-si G on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. A photograph of the scene of the accident, a photograph of the deceased, or a photograph of a black stuffed image at the time of the accident;

1. Application of Acts and subordinate statutes of a death certificate;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, types 2 (person subject to special mitigation] and penalty not exceeding [the scope of recommended punishment], the area of mitigation of punishment by imprisonment without prison labor for not less than four months and not more than one year;

2. The Defendant, who was sentenced, shocked the victim of the crosswalk with the vehicle.