Defendant shall be punished by imprisonment without prison labor for ten 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 Grandroth car.

On November 18:10 on November 7, 2014, the Defendant driven the said car and proceeded at an aesthetic speed toward the mountain Cheongdo road in front of the “D” restaurant C located in the Gyeongnam-gun, Busan Metropolitan City.

Since there are frequent traffic of people due to frequent parking of tourist buses on the part of the restaurant, which is linked to the restaurant, there was a duty of care to see the front door as well as to safely proceed with the driving of the vehicle.

Nevertheless, the defendant neglected to do so and proceeded with the victim E (the age of 61) who was on the right side of the road due to the negligence in the course of business, which was going to the right side of the road.

Ultimately, the Defendant suffered injury, such as brain injury, etc., to the victim due to the above occupational negligence, which led to the death of the victim at the Gyeongju-si Hospital located in Jinju-si around 23:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is that the victim dies and the damage is very serious, and the defendant has been punished several times due to the violation of the Road Traffic Act, such as drunk driving, etc., but has not exceeded the control value on the date of the accident, but has a disadvantageous condition such as drinking and driving.