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

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

Punishment of the crime

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

On May 12, 2020, the defendant driving the above car at around 17:40, and driving the front road of Gwangju Northern-gu C in the direction of the common intersection from the narrow side to the narrow side of the two-lanes, and driving about 115.6km to 117.7km each hour.

It is a place where a road and a farm road are crossing. In such a case, there was a duty of care to prevent accidents in advance by driving safely, such as checking whether a person engaged in driving a motor vehicle is a person who gets on the road by reducing the speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected this and failed to discover the victim D(88 years of age) who leads the bicycle to the left side and walk the roadway on the left side in the direction of the Defendant’s course by negligence, and received the victim’s body parts in front of the Defendant’s vehicle.

As a result, the Defendant caused the death of the victim due to such occupational negligence due to brain injury in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report;

1. Comprehensive traffic accident analysis letter of corpse inspection;

1. Application of Acts and subordinate statutes governing accident site photographs;

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 sentencing under Article 62 (1) of the Criminal Act (including circumstances, etc. described in the following reasons for sentencing);

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of traffic accidents in general traffic accidents [the type 2], the factors to mitigate the death of traffic accidents [the person who has a special appearance]: Reduction area of punishment (including efforts to recover damage), reduction area (including the recommended area and recommendation area] reduction area, reduction area of punishment and imprisonment without prison labor for April to one year;

3. Determination of sentence: October; and