Defendant shall be punished by imprisonment without prison labor for six 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

On January 24, 2020, the Defendant, who is engaged in driving of B1 ton cargo vehicles, was driving the above cargo vehicles on January 17, 2020, and proceeded to turn to the left at the front of Gangseo-gu Seoul Metropolitan Government C from D elementary school to E middle school.

At that time, there is a place where a crosswalk without signal lights is installed, so in such a case, the driver of the motor vehicle had a duty of care to check whether pedestrians are passing the crosswalk and to prevent accidents, such as driving the motor vehicle with the duty of care in advance.

Nevertheless, the Defendant neglected to do so and neglected to do so, caused the death of the victim F (A. 68) who passed the crosswalk from the right side of the Defendant’s proceeding to the left side of the cargo vehicle of the Defendant at around 18:19 on the same day, which led to the death of the victim due to the diversified damage during transmission to H Hospital located in Yangcheon-gu Seoul Metropolitan Government G Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the actual condition survey report, report on the occurrence of a traffic accident, statement of the occurrence of a traffic accident, site photograph, etc., investigation report (field status), traffic accident analysis report, body inspection report and autopsy report;

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 (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation), and April through one year;

3. Circumstances disadvantageous to the decision of sentence: The defendant's negligence is not less severe, and the result of the crime is more severe; and

The favorable circumstances: