The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On May 6, 2017, the Defendant driven a D car at around 03:28, and operated a two-lane prior to the Southern University at the right side of Gwangju Northern-ro along the one-lane of the three-lanes in the direction of the intersection of the grade, from the direction of the road of the north-gu in the direction of the road of the north-gu Office. The Defendant failed to discover the victim E (21 years of age) who walks the road to the right side from the left side of the running direction due to negligence where the Defendant neglected to perform his/her duties at the speed of 60km at the speed of the restriction speed of the above road and neglected to drive the road at the speed of 123 kilometers in the speed of the road at the speed of the front direction, and caused the victim's death by the dive shock shock on the face of the foregoing vehicle at the scene.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. A death certificate and a written report of autopsy;

1. Application of the statutes of the response request for appraisal;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Where there is a substantial negligence on the occurrence of a traffic accident or the expansion of damage to a victim in the area of mitigation (4 months to 1 year) of the Class 2 of a general traffic accident (the scope of a recommended punishment) [the scope of a punishment] according to the sentencing guidelines, and where illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the Act on the Special Cases concerning the Punishment Non-Aggravated Punishment (the Special Aggravation) is heavier than that of a victim;

2. According to the decision of sentence, comprehensively taking into account all the sentencing conditions in the instant case, such as the circumstances as the Defendant’s age, sex, environment, the background and result of the instant crime, and the circumstances after the commission of the crime, the sentence shall be determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The victim is also at fault of the victim in the occurrence of a traffic accident or the expansion of damage.