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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person engaged in driving a low-priced car.
On January 12, 2016, the Defendant driven the above car at around 07:15, and continued to drive the road located on a yellow mountain road at the two sides of the mountain at the time of Seosan.
In such cases, a person engaged in driving service has a duty of care, such as driving according to the structure and performance of the vehicle, and operating the steering system, brake system, and other devices of the vehicle accurately.
Nevertheless, the defendant neglected this and passed ahead of it on the right side of the road by negligence, and received the back part of the bicycle running by the defendant as the front left side of the vehicle driven by the defendant.
Ultimately, on January 12, 2016, the Defendant caused the victim C to die in the emergency room of the Soyang University Hospital located in Seo-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, to death in the hospital.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Application of Acts and subordinate statutes of a death certificate;
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents Act / [2 months to 3 years] mitigated area (including special mitigated persons] [including efforts to recover damage] and the result of the crime, such as the death of the victim due to the accident in this case. However, although the result of the crime is somewhat weak due to the accident in this case, the defendant's mistake is against himself/herself, the first offender is the victim and his/her bereaved family members, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, the fact that the sea vehicle is covered by the defendant's age, environment, accident circumstances, and circumstances after the crime, all of the sentencing conditions shown in the arguments in this case.