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

On January 15, 2017, the Defendant driven the above vehicle around 09:35, and driven the front road of Yangcheon-gu Seoul Metropolitan Government D along the three-lanes in the vicinity of the road, such as through a hack-dong shooting range, the Defendant driven the above vehicle along the three-lanes.

Since there is a crosswalk where a signal, etc. is installed, a person engaged in driving of a motor vehicle has a duty of care to live well with a signal, etc. and to drive safely in accordance with the new code.

Nevertheless, the Defendant did not stop on the stop line even though the signal of the direction is red, and did not stop on the stop line, and did so on the right side of the victim E (W, 52 years old) who dried the crosswalk pursuant to the pedestrian signals from the left side of the direction of the stop line, and received the front part of the above vehicle.

Ultimately, around January 21, 2017, around 22:15, the Defendant caused the victim to die by occupational negligence in the instant hospital located in Yangcheon-ro, Yangcheon-gu, Yangcheon-gu, Seoul to die with brain ties.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the basic area (8 months to 2 years) of the two types of traffic accidents (the person subject to special mitigation) [including efforts to recover damage] / In the case of serious illegality in the proviso (excluding subparagraph 8) of Article 3(2) of the Act on the Special Cases of the Union, or in the case of bad driving (the decision of sentencing] 10 months of imprisonment, in the case of the defendant in the suspended sentence 2 years of imprisonment with prison labor, in the case of the defendant in the case of death of the victim at the crosswalk in violation of the signal, and in the case of the crime of this case, there are unfavorable circumstances such as the degree of negligence and serious damage, such as causing death of the victim at the crosswalk. However, it is depth about the crime of this case.