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 became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a C Tran vehicle.

On December 19, 2014, the Defendant driven the above car on December 19, 2016:06:25, and became to turn to the left at the intersection prior to the E-type point located in Geum-gu, Busan.

The location was an intersection in which traffic is not divided into two lines, and at the time, there was a flow of view in the new wall time. In such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and drive the motor vehicle thoroughly at the front time.

Nevertheless, the defendant neglected this and failed to discover the victim F (66 years of age) who was used at the above intersection with the driver's seat prior to the driver's seat of the above vehicle due to the negligence of left-hand turn, and caused the victim's death from the place to the pressure-specific type.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A written statement of occurrence of a traffic accident prepared by H;

1. A traffic accident report, death inspection report, postmortem examination report, photographs of the scene of the accident, postmortem report, and corpse inspection report;

1. Application of Acts and subordinate statutes to report internal investigation (to telephone conversations between the first discoveryr and the first discoveryr's statement hearing report) and investigation report (to report the initial discoveryr'

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act (In case of imprisonment without prison labor, the defendant and his defense counsel asserted that there was no occupational negligence, but comprehensively taking account of the above evidence duly examined and adopted by the court, the above assertion is rejected

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The sentencing guidelines (the determination of types) shall have significant negligence on the occurrence of traffic accidents or the expansion of damage to victims of ordinary traffic accidents, Type II (Death of Traffic Accidents), and the area of mitigation (Special Convicts).