A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is a person who is engaged in driving a bicycle with unregistered dyp 9c motors.

On May 30, 2016, the Defendant, while not purchasing mandatory insurance at around 17:08, operated the motor bicycle and proceeded with the two-way roads for the combined use of large-scale bicycle riders in front of Daejeon Dong-gu, Daejeon.

At the same time, the two roads for both bicycles and pedestrians are permitted only for traffic of bicycles and pedestrians, and the driver of a motor vehicle other than bicycles has a duty of care to not pass through the same place.

Nevertheless, the Defendant neglected to drive a motor device or bicycle and got the victim D (the 70-year-old age), who walked ahead of the same direction, due to negligence entering the above road and driving the bicycle on the front right side of the motor device driving by the Defendant.

Ultimately, on June 1, 2016, the Defendant died of the victim due to the occupational negligence of the Defendant’s death.

Summary of Evidence

1. Statement by the defendant in court;

1. Descriptions of a death diagnosis certificate;

1. Statement of mandatory insurance inquiries;

1. Application of the Acts and subordinate statutes entered in the public notice of the designation of routes for bicycle lanes;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto death, the choice of imprisonment without prison labor), Article 46(2)2 and Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating without insurance vehicles, the choice of imprisonment with prison labor);

1. The sentencing guidelines for the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents for the Reasons for the Sentencing for the Punishment of Sentencing are as follows: (a) the former part of Article 37, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act [the punishment shall be aggravated by concurrent crimes with the punishment stipulated in the Act on Special Cases concerning the Settlement of Traffic Accidents, but shall be punished by imprisonment with prison labor (the total of the maximum term of the two crimes)]; (b) the victim’s death; (c) the victim’s vehicle operation without insurance; (d) the bereaved family’s wish to punish