Defendant shall be punished by imprisonment without prison labor for six 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 of D Starsch Rexroth.

On December 26, 2016, the Defendant driven the above Lone Star Co., Ltd. on December 18:25, 2016, and proceeded at a speed of about 55.8 km from the non-inside to the non-inside of the dwelling in the Chungcheongnam-gun E, Chungcheongnam-do.

At all times, the speed limit is about 40 km per hour in the road construction section, and the surface has a duty of care to report the traffic situation of the front bank by reducing the speed, and to properly operate the brake and steering gear, and to prevent accidents from spreading.

Nevertheless, when the defendant drives the road at a speed of 5.8 km above the speed limit without neglecting it, the defendant received the victim F (n, 85 years old) who was crossing the road from the left side of the defendant's running direction to the right side, and made the victim go beyond the right side.

As a result, the defendant had the victim by the above occupational negligence in the above 23:35 day, and caused the victim's death at the patient's room in the Dong military complex hospital in the area of 149, the 23:35 day of the same day, from the patient's room in the Dong military complex.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Fact-finding surveys, reports on the occurrence of traffic accidents, and replys to traffic accident analysis;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) [Special Mitigation Party]’s efforts to recover damage (a person subject to a special mitigation of punishment] under the following circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sexual conduct, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime.