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

However, the execution of the above punishment 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 engaged in the business of driving a motor device bicycle.

On April 10, 2017, the Defendant, at around 19:20, proceeded at a speed of about 30 kilometers per hour, depending on the road in front of the E cafeteria in the direction of the national high school, along with the road in front of the E cafeteria in the direction of the Guwon High School.

At night, the above place was located at night, and since the above place is a very high passage of other automobiles and people, there was a duty of care to prevent traffic accidents by properly operating the steering gear and brakes, before and after the operation of the steering gear and the brakes, and driving the motor system with good care.

Nevertheless, the Defendant neglected to do so and did not properly see the front side of the road on the right side of the Defendant’s course due to occupational negligence, which led to the collision of the two parts of the victim F (77 years old) crossing the road to the port side, with the motor device bicycle.

On April 11, 2017, the Defendant: (a) caused the victim to die from a serious brain pressure increase or a low-blood shock at the Ganju Hospital located in 82, as the Cheongju-si, Chungcheongnam-si, Chungcheongnam-si; (b) around 12:35 on April 11, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A death certificate;

1. Application of video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Application of the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, and Type 2 (Death, etc. of Traffic Accidents): Where the victim is at considerable negligence in causing traffic accidents or expanding damage (the scope of decisions and sentences of recommendations in the area of recommendations] mitigated area, April to one year by imprisonment without labor;

2. Circumstances that are disadvantageous to the determination of sentence: As to the instant accident.