Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

At around 20:00 on May 24, 2020, the Defendant proceeded at a speed between 84 km to 93 km each hour, depending on the two-lane roads in front of C in the Namyang-si, Seoul, from the D Middle Schoolside to the E Industrial Complex.

It is a road with a speed of 60 km per hour, so in such a case, there was a duty of care to comply with the regulatory speed and to drive safely.

Nevertheless, the Defendant neglected this and neglected the limitation speed to the right side of the Defendant’s vehicle, thereby passing the victim F, who illegally crossed the speed from the left side of the Defendant’s proceeding direction to the right side.

Ultimately, around May 24, 2020, the Defendant caused the death of the victim due to the above occupational negligence by 'a duke and brain damage (presumed)' at the place of the above accident at around 20:29.

Summary of Evidence

1. Statement of the police concerning G of the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a written report on traffic accident analysis and appraisal report 112, which is accompanied by a course of an accident site photographic fluorial fluor;

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the victim was shocked by negligence that the defendant was proceeding more than the speed limit.

The degree of the defendant's duty of care is not easy, and the victim's death has a serious result.

The criminal liability of the defendant is not easy.

However, the defendant's mistake is recognized in both respects and reflects the depth of the defendant, there are circumstances in which the victim was crossing the road without permission, and the defendant's vehicle is integrated insurance.