Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On August 10, 2016, the Defendant driven the above car on August 11:14, 2016, and driven the two-lane road in front of the Dentalwon C in South Won-si, the Defendant driven from the intersection to the Southern IC.

A person engaged in the driving of motor vehicles has a duty of care to thoroughly operate the front-time, and to prevent accidents in advance by accurately manipulating the brake and steering gear.

Nevertheless, due to the negligence of neglecting this, the defendant did not find out the victim E (the 74 years old) who was moving on the right side from the left side of the defendant's running direction to the right side, and did not get the victim into the front part of the defendant's car and got the victim out of the ground floor.

Ultimately, the Defendant caused the victim to die by occupational negligence on the 12th day of the same month at the pre-North Korean University Hospital, which was receiving treatment after the second day of the same month, due to a large amount of diversified surgery and the subsequent multiple organ death.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, accident site, and vehicle photograph;

1. A death certificate;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV image data);

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of the general traffic accident [the scope of recommendation] under Article 62(1) of the Criminal Act where the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to one year) (special mitigation) (including efforts to recover damage), a decision not to punish the victim (including voluntary efforts to recover damage) [the decision of a sentence] has resulted in the victim’s failure to comply with the death due to Defendant’s negligence.

However, the governance victim's negligence is significant, and it is different from the one-lane of the road in this case.