Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaged in driving a BM5 vehicle.

On September 26, 2014, the Defendant driven the said car at around 05:54, and driven the two-lanes in front of the Docker C, through through the C, at the speed of about 50km from the right intersection to the mountain corridor, along two-lanes.

Since it was difficult at the time before sunrise, there was a duty of care to reduce speed to a person engaged in driving a motor vehicle and thoroughly operate the steering and brakes, and prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, while neglecting this, the Defendant did not find out the victim E (W, 70 years old) who cross the above road to the right side from the left side of the defendant's running side while driving the road on a full, and did not get the victim E (W, 70 years old) to go beyond the floor.

Ultimately, at around 07:51 on September 27, 2014, the Defendant caused the victim’s death by negligence in the foregoing occupational negligence, resulting in the death of the victim due to the heart suspension due to the acute corrosion at the Gyeongju-dong Hospital located in Jinju-si 90, Jinju-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Photographs of the scene of the accident and of the harming vehicle;

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 (Considering Circumstances favorable to the accused among the reasons for sentencing below);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The reason for sentencing under Article 62-2(1) of the Social Service Order Act, where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage).