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 engaging in driving of C friendly tank 8.5 tons of cargo vehicles.

On July 16, 2016, the Defendant proceeded one lane in the direction of the Paris at the Myeong-ri, the front of the Do road at the time of the strike, and it is a one-lane road at a fixed speed of 60 km/h. The weather at the time is in a situation where the Do road is in a high speed of 50 km, so a person engaged in driving service is bound by 20% at the fixed speed. Since the above road is fluences on both sides, it is difficult for the freight vehicle to cross each other, and therefore, the driver of a large truck has a duty of care to drive safety while driving the road.

Nevertheless, the Defendant neglected this and proceeded with the central line at a speed exceeding about 37 km/h of the regulatory speed, and found the Fwik 1 ton of the injured party E (the male and the 73-year old-old driver) driving at the time, and entered the line with the Defendant’s moving direction. During that process, the front part of the injured party’s vehicle was placed with the back wheel part of the Defendant’s cargo vehicle, and caused the victim’s death due to external cerebral transfusion, etc. in the same place.

Accordingly, the defendant caused the death of the victim due to a traffic accident by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on the actual condition, a death certificate for a corpse, and an electronic records analysis report with knife;

1. Application of Acts and subordinate statutes on site photographs of each accident;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crimes, general traffic accidents, and two types (Death or injury);