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.

The defendant is a person who drives a matri vehicle.

On May 24, 2014, at around 16:30, the Defendant: (a) was engaged in the collection of Rab containers used for the road marking construction at the intersection inside a boat distribution complex in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu. On May 24, 201, the Defendant moved back the said vehicle at the port of the management wharf.

Since there was a person who was engaged in collecting containers around the time, there was a duty of care to prevent accidents due to the following: (a) the driver of the motor vehicle thoroughly, and (b) the operation of steering and brakes accurately, and (c) the driver of the motor vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant failed to discover the victim D(64) who was engaged in collecting containers on the rear side of the cargo vehicle at the time when the Defendant neglected this due to negligence, and did not discover the victim D(64) and shocked the victim with the rear parts of the said cargo vehicle.

As a result, the defendant suffered injury to the victim due to the above occupational negligence in need of treatment for about six months, such as psychotropic damage, and caused the victim to suffer serious injury, such as the function or mental disorder of the fertility system, which is the incurable disease.

Summary of Evidence

1. Partial statement of the defendant;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. On-site investigation photographs and victim photographs;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations between victims and diagnosis reports on obstacles to victims);

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( considered favorable circumstances, such as the fact that the degree of shock of a victim is not significant, that the defendant is a primary offender, and that the damaged person has recovered to a certain degree due to a decision on industrial accident);

1. Article 62-2 of the Criminal Act, Article 59 (1) and (2) of the Act on the Observation, etc. of Protection, etc. of Persons obliged to attend lectures;