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 becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving C 125cc.

On September 13, 2016, the Defendant driven the off-to-face 14:00, the Defendant proceeded at a speed of 41.7 km from the direction of the chemical distance to the speed of 4.19 km in speed of 4.19 km along the two-lanes in front of the Samyang-ro 390, Gangnam-gu, Seoul, Gangnam-gu, Seoul.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as accurately operating steering devices, brakes, and other devices, and driving the motor vehicle.

Nevertheless, the defendant neglected to do so and went on to the right-hand side of the defendant's proceeding direction and got a victim D (the age of 86) who crosses the road to the right-hand side of the defendant's proceeding direction.

Ultimately, around September 13, 2016, the Defendant caused the victim’s death by occupational negligence, at F Hospital located in Dobong-gu Seoul Metropolitan Government E, such as blood uniforms, livering heat, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the occurrence status and a report on actual condition;

1. Photographss of victims, accident scene photographs, etc.;

1. A death diagnosis report or postmortem report;

1. Investigation report (for a reporter, the report);

1. CCTV images;

1. The defendant and his defense counsel asserted that there is no negligence on duty on the part of the defendant as he complied with the traffic laws and regulations at the time of the accident and could not anticipate the victim unauthorized to cross the accident.

However, the road in which the accident occurred is a two-lane road, a clean low at the time of the accident, and there was no obstacle to the view of the defendant at all.

In addition, at the time of the accident, there was a vehicle driving in the opposite direction of the defendant at the time of the accident, but it was possible to see the victim who is unauthorized due to the straight line.

In addition, the victim has already been crossing the road over the opposite lane, and the defendant has already been crossing the center of the road.