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 vehicle B.

On July 30, 2018, the Defendant driven the above car at around 23:00, and proceeded at approximately 101km in speed, depending on one lane, toward the road of the third-lane line in front of the window C in the Changwon-si, Changwon-si.

At that time, a person engaged in driving of a motor vehicle as a speed of 70 km per hour has a duty of care to prevent accidents in advance by complying with the speed limit and safely driving the motor vehicle in a safe manner.

Nevertheless, while the Defendant neglected to stop driving at a speed exceeding 31 km per hour, it was found that the victim D (16 cm) who was unclaimed on the right side of the driving direction and went to the left side was found late later, but the above car was pushed to the victim's left chest part, etc. as the victim's left chest part was pushed down in the future.

Ultimately, at around 23:17, the Defendant caused the death of the victim in the emergency room of the F Hospital in the counter E of the Changwon-si from the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. Application of Acts and subordinate statutes to a request for the analysis of actual conditions, on-site photographs of accidents, inspection protocol, and traffic accidents;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] / The mitigated area of Class 2 (Death or Injury of Traffic Accidents) (the imprisonment without prison labor for April to one year) - The special sentencing sentencing person: In the event that the victim was at considerable negligence due to the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (the sentencing decision] [the defendant's age, sex behavior, environment, and the details and circumstances of the instant crime.