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

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

Criminal facts

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

At around 06:00 on January 18, 2016, the Defendant proceeded one lane from the Busan to the Daegu-do 41.9km located in the Central Highway, Daegu-do, Gasan-si.

당시는 야간이었고, 그곳 전방에는 D가 운전하던 엑티언 차량이 사고로 정차해 있었고, 사고 차량을 발견한 E 운전의 SM5 차량은 비상등을 켠 채 속도를 줄이고 2차로로 차선변경을 하는 상황이었으므로, 자동차 운전업무에 종사하는 사람으로서는 전방주시를 철저히 하고 제한속도를 준수하여 사고를 미연에 방지해야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant proceeded with 127.5km above 110km per hour at a restricted speed, and proceeded without discovering dong and emergency 5 vehicles, which had been stopped due to occupational negligence that neglected the front-time emergency, etc., while taking the part behind the driver’s seat of the above X-ray vehicle which was stopped at the first lane, and the above X-ray vehicle turned back to the front-time direction of the Defendant’s vehicle, and led the victim F (n, 15 years old) of the above X-ray vehicle, which was cut off from the front-round direction of the half-round direction, to shock the victim’s EX as even the front back door of the above X-ray vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by blood transfusion in two or more days on the same day.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Examination protocol of police suspect regarding D;

1. Each police protocol of statement about D, E, and G;

1. Response to the actual survey report and the request for traffic accident analysis;

1. A written result of autopsy and postmortem examination;

1. Automobile insurance certificate Board;

1. Application of Acts and subordinate statutes to each investigation report (related vehicles and photographs on the scene of accident), and (Confirmation of Suspected Vehicles Track Images);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment concerning criminal facts;