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 a car in a SP area B.

On May 5, 2019, the Defendant driven the said car on May 16, 2019, and led to driving a one-lane road around C in the south city from C to D-section.

Since the restriction speed is 60km per hour and there is an intersection that combines the above road on the front side of the defendant's proceeding direction, the driver of the motor vehicle has a duty of care to comply with the restriction speed, to ensure that the driver of the motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the steering gear and brakes.

Nevertheless, the defendant runs a speed exceeding 42 km per hour at a speed exceeding 102 km per hour.

At the entrance and exit of the E, the victim F (ma, 55 years old)'s driver's error, which was found to be late after the driver's error in the direction of the defendant's course, was found to be above the floor. The victim's error caused the driver's error in the driver's driver's driving by the above vehicle, and had the victim go beyond the floor.

In the end, the Defendant caused the death of the victim by brain damage and low blood shock at the same place of business by negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. The response to the results of the analysis of traffic accidents and the report on the results of the analysis of accident recording devices;

1. A written result of autopsy and postmortem examination;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

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 (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of recommendation and punishment according to the sentencing criteria (the determination of types) shall be limited to traffic accidents resulting from (the second type) traffic accidents.