Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of 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 a benz car.

On December 18, 2015, the Defendant driven the said car on the front of the “D” convenience store located in Daegu-gu, Daegu-gu, Seoul-gu, and driven the said car at a speed of about 90 km per hour depending on the two-lanes of speed from the surface of fair negative distance to the surface of enclosed width.

At that time, it is a general road with a speed of 60 km per hour, and a crosswalk is installed on the front side. Therefore, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the speed of the vehicle and the speed of the restriction, and operating the steering gear and the brake system accurately.

Nevertheless, the Defendant neglected this and failed to drive a speed exceeding 30 km per hour, and did not avoid the victim E (55 cm) who was crossing the crosswalk red on the right side from the front left side of the road with the right side of the road, and received the victim from the front part of the Defendant’s vehicle.

Ultimately, at around 03:41 on December 19, 2015, the Defendant: (a) caused the death of a victim, who was receiving medical treatment at the Gyeong-gu University Hospital, Daegu Jung-gu, Daegu-ro, 130, due to the above occupational negligence, due to the blood transfusion under the credit bomb, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. The sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime.