Defendant shall be punished by imprisonment without prison labor for ten 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.

Criminal facts

The defendant is a person who is engaged in driving a B car.

On September 30, 2016, the Defendant driven the above car at around 18:30 on September 30, 2016, and continued to drive the local highway No. 918 in the vicinity C of the Chungcheongnam-gun, Chungcheongnam-gun, in the direction of the side of the property from the horizontal distance, approximately 60km per hour.

At the time, there is a yellow domin line, and the victim D(n, 81 years of age) is walking on the right side of the road on the front side of the defendant. Thus, the driver engaged in driving of the motor vehicle has a duty of care to drive the motor vehicle at a safe speed and method such as using a horn when a pedestrian or a material gets off.

However, the defendant neglected this and proceeded with it, and caused the victim to go beyond the floor by shocking the back side of the victim's vehicle into the right side of the defendant's car.

Ultimately, the Defendant caused the death of the victim due to the injury of external wounds at the E hospital located in the original city where the victim had been under treatment on March 5, 2017 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2) (2)

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);

2. Circumstances favorable to the determination of sentence: The defendant is recognized to commit a crime and is against his/her will;

In agreement with the bereaved family members, they do not want the punishment of the defendant.