Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving of the B-learning passenger car.

On May 4, 2018, the Defendant driven the above vehicle around 17:40, and proceeded with the 14th Do road in front of the Gancheon-gun C, Gancheon-gun, in the “stong-do” section from the “stong-do” section, along the one-lane road.

On the right side of the road at the time, the victim D (n, 73 years old) was walking along the bicycle, so in such a case, the driver of the motor vehicle had a duty of care to properly operate the steering room and the right and the right and the right and the right of the motor vehicle and to safely drive the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the parts of the victim's body part in front of the foregoing vehicle by negligence.

Ultimately, at around 18:51 on the same day, the Defendant caused the death of the victim due to the “F Hospital” in the “F Hospital E”, which was under the direct transmission treatment, due to the said occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police in relation to G;

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

1. A death certificate, a postmortem report, and a postmortem certificate;

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

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 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. Type 2 [person subject to special sentencing] mitigated elements of punishment according to the sentencing guidelines: Not less than 4 months but not more than 1 year, in the area of reduction of punishment [the scope of recommended punishment]: Imprisonment without prison labor for not less than 4 months;

2. The result of the determination of sentence is significant; and

The defendant operates a mobile phone while driving, resulting in the accident of this case, and is negligent.