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.

Punishment of the crime

The Defendant is a person who is engaged in the operation of B Costa Car.

On August 26, 2017, the Defendant driven the above car at around 06:30 on August 26, 2017, and got C ahead of the crd road at the time of debate to the mental training center on the side of the background company.

At the time, it is difficult for the driver to see the road in the front place because of the inside of the road, so in such a case, the driver had a duty of care to drive the vehicle in accordance with the structure and performance of the vehicle by accurately operating the steering system, brakes, and other devices of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the front side of the running direction of the Defendant, and received the victim D(55) (55) as a pedestrian who was on the front side of the driving direction of the Defendant.

Ultimately, the Defendant caused the victim’s death by occupational negligence at the Gan University Hospital located in Seo-ro, Seo-gu, Daejeon, Seo-gu, Daejeon to cause the victim to die with brain ties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death medical certificate (22 pages of evidence records);

1. Application of Acts and subordinate statutes on site photographs;

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, and the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death by Traffic Accidents), the mitigation area (4-1 year from April to one year), [including special mitigation persons] the punishment not (including efforts to recover damage), [decision of sentence] the victim’s death, etc. due to the instant accident, and the result of the crime is not easy.

However, the defendant reflects the mistake, the primary offender, the fact that the defendant agreed with the victim's bereaved family members, the fact that the vehicle is covered by the comprehensive motor vehicle insurance, and the age, the circumstances of the accident, and the negligence of the defendant.