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.

Punishment of the crime

On February 4, 2017, at around 08:45, the Defendant driven a D-wing truck at a speed of about 80 km from the Gupo-dong to the city of ancient-dong, along three-lanes of roads in front of C in Busan, Seopo-dong, Busan, about 0 km.

At this place, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed of the motor vehicle, to live well on the front side and the right and the right of the motor vehicle, and to drive the motor vehicle safely in accordance with the new code.

그럼에도 피고인은 이를 게을리 한 채 전방 적색 신호 임에도 그대로 진행한 과실로 횡단보도 보행자 신호에 따라 피고인의 진행방향 우측에서 좌측으로 횡단보도를 보행 중인 피해자 E(54 세, 여) 을 뒤늦게 발견하고 급제동하였으나 미치지 못하고 피고인 운전의 위 화물차 앞 범퍼 부분으로 피해자를 들이받아 피해자가 약 10m 전방으로 튕겨 나며 바닥에 넘어지게 하였다.

At around 15:35 on the same day, the Defendant caused the victim to have the above occupational negligence, and caused the victim's death by pressure on brain due to the cerebral tymosis in the Seo-gu Busan National University Hospital, Seo-gu, Busan National University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the F and G police statements;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

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

1. Scope of recommended punishment: Not to punish the mitigated area (from April to one year) (special mitigated person) of the Class two types of traffic accidents (Death or Injury caused by traffic accidents).

2. Determination of sentence of this case does not include the nature of the crime, but the punishment shall be determined in consideration of the above special mitigation factors and reflectability, the initial crime, etc.