except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is a person who is engaged in driving a B4.5 tons truck.

On January 27, 2014, at around 15:10 on January 27, 2014, the Defendant driven the above truck and proceeded the two-lane roads of national highways 23, located on the west section in the following City, along the two-lanes, from the west bank to the west bank, at a speed of about 60 km per hour, and led to approximately 200 meters away from the west bank of the national highways.

At the time, the defendant was followed by an irregular cargo vehicle in the same direction, so a person engaged in driving service has a duty of care to safely proceed after securing a safe distance to avoid when the vehicle in front stops, and to check the front, rear and left well.

Nevertheless, the Defendant neglected the duty of front-time driving, and caused the collision of the victim's bicycle front-hand side of the driver's bicycle side which changed from the front side of the last-time cargo to the front side of the front side of the driver's vehicle when the victim C (the 76-year old) was driven by the bicycle due to the occupational negligence in close vicinity to the front side of the vehicle in front, or by the sudden operation of the bicycle driven by the victim C (the 76-year old).

Ultimately, the Defendant caused the death of the victim at the accident scene due to multiple shocks caused by the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs, black boxes CD images;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is for the victim’s death, and the responsibility of the Defendant is not less than that of the victim. However, the Defendant’s primary offender, the fact that the Defendant agreed with the victim’s bereaved family members, the time when committing the crime, and the mistake are against the Defendant.