Defendant shall be punished by imprisonment without prison labor for not less than five 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 Bchip car.

On February 22, 2016, the Defendant driven the above car at a speed of about 78 km in the speed of 28 km between the 2280s and the 205:15, and the front road of the apartment of the 2280-west-ro, Guro-gu, Seoul, Seoul, along the direction of the error from the breadth of the light-line shooting distance to the backside of the two-lane.

At night, there was a duty of care to drive safely by thoroughly performing the duty of care as a person engaged in driving of a motor vehicle as a driver at night.

Nevertheless, the Defendant did not find out the victim C (the 78 years old) who was unclaimed to the right at the time of pedestrian color signal from the left side of the driving direction of the Defendant, while neglecting this, and received the front part of the Defendant’s vehicle as the front part.

Ultimately, the Defendant caused the victim's death from the same occupational negligence to the death of the traffic accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, a photograph by cutting down each black boom and cutting down a corpse;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the Act on the Suspension of Execution [The grounds for sentencing under Article 62(1)] of the Act on the Punishment of Traffic Accidents No. 2 (the scope of the recommended punishment] (the special mitigated person between February and October) in the area of special mitigation [the victim] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim's failure to punish (including a serious effort to recover damage] [the decision of sentence] was caused by the victim's death, but the victim was negligent in the occurrence of the accident, the victim's bereaved family and the victim's original agreement was reached, the defendant was the first criminal without any previous conviction, and the defendant recognized and opposed to the crime.