Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On June 16, 2015, the Defendant driven the above car at a speed of about 103 km from the right side to the right side of the intersection, depending on the two-lane road in front of the bus stops of the Jinsan hot Spring, which is located at the Andong-si border of Andong-si, the Defendant driven the above car at a speed of about 103km in speed.

On the other hand, the restricted speed of a road was 80 km per hour, and the bus stops and sidewalks are installed at the edge of a road, and pedestrians are frequent, so in such a case, there was a duty of care to observe the restricted speed and to safely proceed by checking the right and the right of the road well.

Nevertheless, the Defendant neglected this and proceeded with a speed exceeding about 23 km per hour, and brought the victim C (the 79 years old) who dried a road on the right side from the left side of the front bank to the right side of the said car into the top part before the operation of the said car, thereby falling off on the road.

Ultimately, at around 12:35 of the same day, the Defendant caused the death of the victim due to an occupational negligence in the emergency room of the E Hospital located in Ansan-si D, Andong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. Protocol of inspection;

1. Application of the Acts and subordinate statutes to notify transport survey results;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's continuous driving of a limited speed exceeding 20 km per hour, resulting in the instant accident and causing the death of the victim, and that the victim's negligence was also serious as the accident occurred while crossing the road separated by the central separation zone, and that the defendant both led to confession and reflect on all of the instant crimes.