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.

Punishment of the crime

The defendant is a person who is engaged in driving of CScar Track freight vehicles.

On July 6, 2013, the Defendant driven the above vehicle at around 06:40, while driving the vehicle, and driving the one lane in front of the Jinjin Farmwon, which is located in the middle of the Chungcheongnam-gun, at the right speed of 78 km from the erode to the erode, at the right speed of 78 km from the erode to the erode of the erode.g., the Defendant was overtaking the horse prior to the direction of the course of the Defendant.

At the time, the accident place is an intersection prohibition zone, so there was a duty of care to refrain from overtaking a person engaged in driving a motor vehicle.

Nevertheless, the defendant neglected this and caused the collision to the right side of the vehicle driving by the victim D (the age of 76) who was prior to the direction of the defendant's proceeding by the negligence of passing ahead at the intersection.

Ultimately, at around 06:45 of the same day, the Defendant caused the death of the victim due to brain damage caused by two pellets.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of some police officers against the defendant;

1. The actual survey report (1, 2) and the scene photograph of an accident;

1. A written result of autopsy and postmortem examination;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; Article 268 of the Criminal Act; Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances in which the defendant by negligence caused the instant traffic accident resulting in the death of the victim: The defendant agreed with the bereaved family of the victim; the defendant subscribed to the comprehensive insurance for the instant vehicle; the defendant did not have any criminal record other than the second fine; the defendant reflects the crime; and the age of the defendant;