Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On August 1, 2015, the Defendant driven the above cargo vehicle at a speed of about 70km/h, depending on two lanes towards the respective shooting distance from the cultural distance, while driving a gold apartment 12-lane, which is located in the Pahodong of Gwangju Northern-gu.

At the time, it was difficult to take the place around the night, so there was a duty of care to safely proceed by checking the front side and the left and right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and failed to find out the victim D (7 years old) who crosses the road to the right side from the left side of the running direction of the defendant, and received the victim's left side as the front side of the cargo vehicle.

Ultimately, at around 06:25 of the same day, the Defendant caused the death of the victim at the Joseon University Hospital located in the Dong-gu, Gwangju, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs, CCTV images, etc.;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

1. The fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was unfavorable to the victim’s death while the victim was negligent in crossinging the crosswalk with a red signal at night, which seems to have a significant impact on the occurrence of the accident and the expansion of damage. The Defendant’s vehicle can be covered by a comprehensive motor vehicle insurance and the damage recovery can be made considerably, the Defendant’s bereaved family does not want the victim’s punishment, and the Defendant has no penalty power to impose a fine or heavier punishment on the victim.