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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

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

On May 3, 2019, around 03:19, the Defendant driving the said car along the one-laned 3 lanes in front of the C apartment in Suwon-si, Suwon-si, with the old-distance distance off from the flow-line.

At the time, crosswalks are installed at night and at the front door, and at the speed of 60km per hour. In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive another motor vehicle or road by viewing the speed limit and driving the motor vehicle on the frontway.

Nevertheless, the Defendant neglected this and did not avoid the victim D (Nam, 29 years of age) who was crossing a road without permission on the right side of the road at a speed of 109.94 km per hour, which goes beyond the speed of 49.94 km per hour, and had the victim go beyond the floor by taking the part of the victim's bridge on the left side of the front part of the said vehicle.

Ultimately, at around 03:40 on May 3, 2019, the Defendant caused the victim’s death due to the foregoing occupational negligence by reason of the division of the recovery from the aftermath of the traffic accident at the F Hospital located in Young-gu, Young-gu, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, photographs, etc.;

1. Blucking images;

1. Answers on traffic accident analysis results;

1. Application of Acts and subordinate statutes to a written autopsy and 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. Reasons for the suspended sentence of punishment under Article 62 (1) of the Criminal Act [the scope of recommending punishment] traffic crimes: General traffic accidents of Type II (the death of a traffic accident by imprisonment without prison labor for not less than two months and one year): When the victim has been negligent due to the occurrence of a traffic accident or the expansion of damage;