Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On April 18, 2017, the Defendant driven the above car at around 09:00, and continued the front door of the railroad crossing at the Dongbcheon-si, at the time of the Dongbcheon-do, from the riverside to the riverside.

Since there is a railroad crossing, and there is a temporary suspension sign, signal signal, alarm signal, and breaker, the driver has a duty of care to prevent accidents in advance by stopping the vehicle until the train passes completely, if the signal, etc. is changed in red and cut off.

Nevertheless, the Defendant neglected to do so and even if the signal, etc. was red and cut off, the Defendant got the victim D (70 years) who was on the road for the purpose of controlling the vehicle for the crossing of the Madlese railroad as a front side of the said car, and caused the victim to die with the cerebral cerebralopty during the treatment at the government mother hospital at around 15:12 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Image CDs related to accidents;

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

1. Relevant legal provisions concerning facts constituting an offense and Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment.

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Consideration of circumstances, such as the agreement with the bereaved family members of the victim);

1. The community service order under Article 62-2 of the Criminal Act;