Defendant shall be punished by imprisonment without prison labor for two years.

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

Punishment of the crime

On August 8, 2019, the Defendant, who is engaged in driving a rocketing car, was driving the said car at around 10:27, and continued to drive it bypassing to the intersection without the front signal of the Yangcheon-gu Seoul Metropolitan Government apartment.

At the same time, there was a pedestrian protection zone and a crosswalk installed in the front door, so the driver of the motor vehicle is required to drive the motor vehicle while paying attention to the safety of children, and when the pedestrian passes the crosswalk, the driver of the motor vehicle was required to temporarily stop in front of the crosswalk and check the safety of pedestrians, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected it to the right-hand side of the victim D (five years of age) who took a bicycle for children on the left-hand side of the defendant's driving direction by his negligence, and got the victim into the front-hand part of the driver's car, and moved the victim into the front-hand side of the driver's seat, the front-hand side of the driver's seat, and the rear wheels.

Accordingly, the Defendant caused the death of the victim to the E Hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, CCTV for the prevention of crimes, and a photograph and a vehicle appraisal report;

1. Reports on the occurrence of traffic accidents, application of Acts and subordinate statutes to photographs of victims;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of alternative imprisonment without prison labor;

1. According to the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Punishment of Children, a punishment the same as the order shall be determined in consideration of the various sentencing conditions shown in the arguments of this case, such as accidents causing the death of children (five years old), the degree of illegality of the negligence of the defendant, the degree of illegality of the defendant's fault, smooth agreements with the bereaved family members, subscription to the comprehensive motor vehicle insurance, and reflectivity, etc.

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