A defendant shall be punished by imprisonment for not less than two years and six months.

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 July 31, 2015, around 09:38, the Defendant was driving a CAtop car and entered the D Atop car parking lot at the Jeju city, and did not find the victim E (the age of 47) who is enjoying from the above parking lot floor due to occupational negligence proceeding without sufficiently examining the front door, and served the victim as the said car.

Ultimately, even though the Defendant’s occupational negligence caused the death of the victim at the same time due to mass outflow, etc. caused the death of the victim, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Copy of the statement;

1. A copy of the autopsy report and a copy of the autopsy record;

1. Written replys to requests for appraisal by the National Institute of Scientific Investigation to the National Institute, written autopsy and appraisal report, and vice-examiners;

1. Application of the Act and subordinate statutes to field photographs and photographs of victims, body photographs, photoology pictures, map (fields), photographs, photographs (CCTV images), and CD (CCTV images);

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning criminal facts, the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considered for discretionary mitigation);

1. The recommended sentence according to the sentencing criteria;

(a) Determination of types: Type 3 of escape after traffic accidents;

(b) Where the victim is at considerable fault in the occurrence of a traffic accident or the expansion of damage even with respect to a special penal person(s) (1). (2) No penal penalty shall be imposed

(c) Decision-making and range of recommending sentences: Special mitigation areas, imprisonment of one year and three months to four years;

2. The scope of applicable sentences: Imprisonment for a definite term of at least two years and six months;

3. Whether to suspend the execution;

(a) Major reasons: Where negative (i) the result of death occurs;

(b) Major reasons: positive (1).