Defendant shall be punished by imprisonment without prison labor for six months.

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

Punishment of the crime

Defendant

A is a driver of the B Eth Motor Vehicle.

On June 11, 2013, the Defendant driven the said car at a speed of 60km per hour, depending on three-lanes of the road in front of the Hancheon-dong reservoir, Seo-gu, Gwangju, about 01:30, the Defendant driven the said car and proceeded at a speed of 60km per hour, depending on five-lanes of the roads in front of the Hancheon-dong reservoir.

At the same time, there are crosswalks at the front of the road, and the surrounding area was not good at night, so in such a case, the person engaged in driving service has a duty of care to check whether there is a pedestrian and to safely proceed after checking whether there is a pedestrian.

Nevertheless, while the Defendant neglected to perform these duties, the Defendant got the victim C (the 63-year-old age) crossing the road from the left side of the running direction to the right side of the road, and received the victim C (the 63-year-old age) from the front side of the horse.

Ultimately, at around 11:01 on November 21, 201, the Defendant’s occupational negligence caused the death of the victim from brain damage at the “E Hospital” located in the North-gu Seoul Northern-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Determination of a sentence] Traffic Crime: General traffic accident:

2. Death of a traffic accident (special sentencing) - If the victim with a special mitigation is negligent due to considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim shall be punished (including a serious effort to recover from damage) [decision on the recommended area] Special Mitigation [Scope of Recommendation] from February to October / [Determination on the sentence] from February to October / [Determination on the sentence] caused a traffic accident by the Defendant’s failure to fulfill his/her duty of care as required.