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

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

Punishment of the crime

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

On May 19, 2019, at around 19:38, the Defendant proceeded with the D store front of the D store located in Young-gun C, Chungcheongnam-gun, in the direction of the port, about 61-63 km each other of the national highways in the direction of Young-gu in the direction of the port.

At the time, there was a situation in which it is difficult to secure view due to night and raining, and the location was densely concentrated with commercial buildings and housing, and thus pedestrians have frequent traffic. In such a case, the driver of the motor vehicle has a duty of care to prevent accidents in advance by proceeding with caution and safely as to whether there is a person crossing the road by properly examining the right and the right of the road.

Nevertheless, due to the negligence of neglecting this, the defendant's failure to stop the front side while blocking the road, the victim E (V, 79 years old) who cross the road without permission from the left side of the defendant's moving direction to the front side of the vehicle of the defendant, which goes beyond the road.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at G Hospital located in the F of the Gyeonggi-gu Seoul Metropolitan Government on May 19, 2019, due to the injury to the heart of the external wound.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each internal investigation report and each investigation report;

1. A report on the occurrence of a traffic accident, a actual situation investigation report, emergency medical services log, a traffic accident analysis report, and a tea investigation report;

1. Protocol of autopsy and written diagnosis of death;

1. Application of the Acts and subordinate statutes to each photograph, blackbox, and video CD;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. The scope of recommendation [the determination of types] according to the sentencing criteria shall be limited to traffic accidents in general.