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

However, the execution of the above sentence shall be suspended for a period of 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 car in CMW 520D.

On September 19, 2017, around 11:55, the Defendant proceeded at a speed of about 79 km in Si/Gun, from the Myeongyang-gun D to the Myeongyang-gun, at a speed of about 79 km in Si/Gun.

At the same time, the road construction was in progress on the right side of the car, and there was a yellow light signal at the front side of the road, so there was a duty of care to safely drive the steering system and the steering system by putting the front side and the left side well on the driver of the vehicle.

그럼에도 불구하고 피고인은 이를 게을리 한 채 그대로 진행한 과실로, 마침 위 승용차 진행방향 우측에서 대강면 방면으로 진행하는 피해자 E(56 세) 운전의 F 효성 랠리 50 오토바이의 좌측 부분을 위 승용차 조수석 쪽 앞 범퍼 부분으로 들이받았다.

The Defendant caused the death of the victim due to the above occupational negligence due to the cerebral injury to a serious wound.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. A corpse death certificate;

1. Application of road accident scene photographs and the Acts and subordinate statutes governing dead persons;

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 grounds for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) and other conditions of sentencing as set forth in the records, including the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined by taking into account the following circumstances.

The accident occurred at a point where a yellow on-and-off signal, etc. has been installed on the front side of the defendant, the confessions that the serious result of death occurred, and reflects it, and the defendant is packed in asphalt.