1. The defendant shall be punished by imprisonment without prison labor for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Punishment of the crime

The Defendant is a person engaging in driving a vehicle in CM520.

On June 6, 2016, the Defendant driven the above vehicle at a speed of about 30 km from the entrance of the area of the Mancheon-si, the Mancheon-si, the Mancheon-si, the Mancheon-si, the Mancheon-si, the 2nd, the 78nd, the Mancheon-si, the Mancheon-si, the Mancheon-si, the

Since there was an intersection where traffic control is not performed, in such a case, a person engaged in driving service has a duty of care to safely drive by entering the intersection after identifying the traffic situation while temporarily stopping or slowly driving before entering the intersection.

Nevertheless, by neglecting this, the Defendant’s negligence, led to the Defendant’s failure to proceed to the right side of the running direction, brought the victim’s bicycle front wheels part of driving D(53 years old) driving to the right side of the driving direction, with the front part of the Defendant’s vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence around 12:40 on June 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the actual survey report, death diagnosis report, and photographic Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for not more than four months to one year, and the area where a special mitigation is granted in the mitigated area (4 to one year) the types of general traffic accidents are mitigated (the death of traffic accidents): A person who is not subject to punishment;

2. Determination of sentence: Determination of sentence of imprisonment without prison labor: In full view of all the conditions of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc., for four months, one year of suspended sentence, as shown below.

Unfavorable circumstances: The victim dies and the result of damage is very serious.