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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

Some of the facts charged were corrected.

The defendant is a person who is engaged in driving of B 125cc Orala.

At around 04:30 on March 9, 2019, the Defendant driven the above Oba, and proceeded along three-lanes near the intersection of the Nbari-gu, Sungnam-gu, Sungnam-gu, with three-lanes along the direction towards the intersection.

In such cases, a person engaged in driving of a vehicle has a duty of care to take into account the traffic situation of the driving direction and prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and dialogueed with a passenger who was on the back seat and was waiting in the signal atmosphere at the front seat, and the victim C (the age of 57) who was standing in the front seat, conflicts with the front part of the back part of the truck that the Defendant drives.

Ultimately, the Defendant suffered injury to the victim C by occupational negligence during approximately two weeks, and at the same time transferred to the road the victim E (the age of 27) who was accompanied by the Defendant’s Otobba, leading the victim E (the age of 27) who was accompanied by the Defendant’s Otoba, thereby resulting in the Defendant’s death, such as the depression of the external wound at G Hospital located in the Geba-gu Seoul Metropolitan City F on March 16, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to the practical survey report, field photographs (18 pages of investigation records), diagnostic certificates, certificates of determination of brain death, certificates of opinion on death (31 pages of investigation records), and certificates of death;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is as follows.