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

The Defendant is a person who is engaged in driving a freezing B 2 freezing.

On January 6, 2014, the Defendant driven the said freezing vehicle around 05:35, and proceeded at about 40 km each hour from the upstream of the gas station where the roads of 80-lane 11-lane 11, Godro-ro Seoul, Gangdong-gu, Seoul, Gabro 80-lane 80-lane 11, to the upper part of the oil station.

At the time, there was a crosswalk in which signals, etc. are installed in front of the place, and thus, the driver of a motor vehicle had a duty of care to prevent accidents in advance by reducing speed and checking whether there is a person who gets on the way to drive the motor vehicle well.

Nevertheless, due to the negligence of neglecting this, the Defendant neglected to stop, and even though it was a pedestrian stop signal to the right side from the left side of the running direction of the Defendant at the same speed, the Defendant did not find out the victim C(75 years old) standing above the above crosswalk and did not avoid it immediately, and received the victim as the front part of the said freezing vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day at around 05:40 on the same day, which led to the death of the victim due to the blood ties of external wounds on the 13th road of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents and investigation reports (execution of a warrant of seizure);

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act for the sentencing of Article 62(1) of the Act on the Reasons for the Suspension of Execution (the conditions favorable to the reasons for the sentencing below), the scope of the recommended sentence according to the sentencing guidelines (traffic crimes, general traffic accidents, types 2, the death of traffic accidents, etc.), the area of mitigation (special mitigation factors: the victim has been negligent due to the occurrence or expansion of traffic accidents, and the imprisonment without prison labor.