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

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

Punishment of the crime

The defendant is a person who is engaged in driving a dump truck.

around 09:55 on October 1, 2018, the Defendant followed the 1133 Busan Metropolitan City's measurement team.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by properly manipulating the direction of the motor vehicle and operating the steering system of the motor vehicle in advance.

Nevertheless, the Defendant neglected this and neglected the victim C (V, 68 years old) who walk behind the vehicle above the mast with the back wheels of the driver's seat of the Defendant.

Ultimately, the Defendant caused the victim to die due to the risk damage at the site by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act on the suspended execution [Scope of Recommendation] General Traffic Accidents in Type II (Death resulting from Traffic Accidents) (4-1 year) and the area of mitigation (including special mitigation) and not subject to punishment (including serious efforts to recover damage);