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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On February 19, 2015, the Defendant driven the above cargo vehicle around 21:20, and proceeded at a speed that would make it impossible to identify the three-lane road in front of the D-do located in the territory of the Yeongan-gun, Chungcheongnam-do.

At night and at the same time, commercial buildings and housing have been concentrated, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle is a pedestrian or not, and to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and did not discover the victim E (the age of 39) who was crossing the Defendant’s right from the left side of the running direction to the right side, and received the victim as the front part of the said cargo vehicle.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the Ganpo Central Hospital around 22:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. The actual condition survey report;

1. A written autopsy (E);

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

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. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Although there was a serious result of the determination of sentence or the death of the victim as to whether to suspend the execution, the defendant's negligence was recognized and reflected by him, the fact that the defendant agreed with his bereaved family members, the fact that the automobile comprehensive insurance is subscribed to, and the traffic accident of this case was committed on the part of the victim without permission.