Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 a BM5 car.

On September 2, 2019, the Defendant driven the said car on September 2, 2019, while driving the said car along the two-lane road in front of Young-gun, Jeonnam-gun along the two-lanes from the legal side of Gwangju to the legal side, and changed the course into one-lane.

At the time, night, its place is 80km per hour, and the surface has been milched with the already taken expenses, so in such a case, there was a duty of care to prevent the accident by safely driving the vehicle, such as reducing the speed by 20% compared to the speed limit.

Nevertheless, the Defendant neglected this and failed to discover the victim D(79 years of age) who walked one lane due to the negligence of running more than 45 km (110 km speed), and received the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant caused the victim's death by occupational negligence at the F Hospital located in Yong-Namnameee-gun E on the same day at around 20:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The actual condition survey report;

1. A written result of autopsy;

1. Application of the statutes on traffic accident analysis;

1. Article 3 (1) of the Act on Special Cases concerning Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 (Selection of Depository Punishment) of the Criminal Act;

1. For the reason of sentencing under Article 62(1) of the Criminal Act, the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has resulted in a serious consequence of the death of the victim, and the Defendant is bound by the road driving at night while driving the road, and the Defendant neglected to perform his/her duty of care to the extent that he/she can find the victim as soon as possible. Therefore, the Defendant is not subject to punishment without prison labor.

However, the defendant is punished by a fine of KRW 300,00 for the violation of the Juvenile Protection Act in 199 and a fine for the violation of the Punishment of Violences, etc. Act in 2004.