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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 11, 2017, the Defendant, who is engaged in driving Cystren motor vehicles, was driving the said motor vehicle around 05:30 on September 11, 2017, and was working at a speed of 120 km per hour in the direction of the management office of the tunnels in the Astren-si at the time of macroscoping.

The location was at the 70km speed per hour, and a concentrated space was issued in a macro-area due to the storm at the time of the accident. In such a case, the Defendant, who is engaged in driving a motor vehicle, has a duty of care to prevent accidents by driving the motor vehicle at a speed of 35 km per hour, which reduces 50/100 of the speed limit.

Nevertheless, the Defendant neglected to do so and proceeded with a limited speed exceeding 85 km per hour by negligence, and caused the said car to brooms, and followed the left side of the car driven by the Defendant, and turned back to the right side of the driving direction.

이로써 피고인은 업무상의 과실로 조수석에 동승한 피해자 D(40 세) 이 차량 밖으로 튕겨 져 나가면서 외상성 뇌손상 등으로 사망에 이르게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A corpse death certificate;

1. A traffic accident analysis report;

1. A response to data of severe weather alerts;

1. Application of the photographic Acts and subordinate statutes;

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 scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] general traffic accidents in the range of two types (the death of a traffic accident), the mitigation area (the period from April to one year) [the person subject to special mitigation] the punishment not to be imposed (including the serious efforts to recover damage);

2. The fact that the defendant who was sentenced to the punishment of this case recognized the crime of this case and actually divided the wrong facts, and that the bereaved family members are not punished by the defendant by the excessive agreement among the bereaved family members of the victim.