Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a person who is engaged in driving C 100cc Orala.

On April 29, 2018, the Defendant continued the front road D in the direction of the e commercial street from about 66 km to the direction of the e commercial street around 22:05.

At night and at that time, the limit limit is 30 K km per hour in the children protection zone. Thus, the defendant who drives the otobane has a duty of care to observe the restricted speed, properly see the steering gear and the steering gear in an accurate manner to prevent accidents by operating the steering gear and the steering gear in a safe manner.

Nevertheless, the defendant neglected this and caused the pedestrian F (55 years old) to cross the road without permission from the right-hand side of the course to the left-hand side of the road when the defendant was negligent in driving the road at a speed exceeding the speed limit.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the serious brain injury in around 23:51 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. 112 Report processing table, survey report on actual condition, death certificate, and comprehensive analysis report on traffic accidents;

1. Application of Acts and subordinate statutes to on-site photographs, CCTV-fagnating a course, to capture by means CCTV image data, and to on-site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

1. Two types of general traffic accidents (Death or injury caused by traffic accidents) to which the sentencing guidelines apply: Special mitigation area (from April to one year) to the mitigated area: Where the injured party has committed considerable negligence in the occurrence of traffic accidents;

2. Circumstances favorable to the accused shall be as follows:

The defendant.