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

However, the execution of the above sentence shall be suspended for a period of 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 of B Poter cargo vehicles.

On January 2, 2018, the Defendant, at around 16:03, proceeded along the three-lanes in front of the D cafeteria in Kimhae-si, Kimhae-si, along the two-lanes in front of the D cafeteria.

In such cases, there was a duty of care to thoroughly drive the driver on the front side and safely.

Nevertheless, the Defendant was negligent in driving the road on the right side from the front side of the vehicle, and the victim E (the age of 78) who crosss the road from the left side of the vehicle to the right side of the vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the prolonged damage of the chest body at the scene of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A corpse death certificate;

1. Application of the Acts and subordinate statutes governing accident site photographs and accident video CDs;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of recommended punishment] the range of mitigation area (two months to one year) for general traffic accidents (person who is subject to special sentencing] (the victim) shall also be punished by gross negligence when the occurrence of traffic accidents or the expansion of damage has been caused by the victim (the factors of mitigation) or by gross negligence;

2. As the Defendant, while driving a motor vehicle in the daytime, has been negligent in performing his/her duty of care in the front direction while driving a motor vehicle, resulting in the death of an injured party crossing the road by shocking the damaged party, the liability for the crime is not minor in light of the outcome of the crime.

However, the defendant reflects his fault in depth.

At the time of the accident, the victim had been crossinged without permission as set forth in the six-lanes, so there is a considerable negligence about the occurrence and expansion of the damage to the victim, while the degree of violation of the duty of care of the defendant

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