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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

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

On October 25, 2016, the Defendant driven the above cargo vehicle on October 18:15, 2016, and continued the front road of the sub-peach sub-party 4 in Youngcheon-si, Seocheon-si, with the front side of the parallel distance.

Since there is a place where a crosswalk is installed, there was a duty of care to check whether there is a person to walk the crosswalk by reducing speed and by properly examining the right and the right of the driver, and prevent the accident in advance.

Nevertheless, the defendant neglected this and got the victim C (the age of 83) who was standing a crosswalk from the left side of the defendant's proceeding direction to the right side by his negligence and caused the victim to go beyond the ground.

Ultimately, the Defendant caused the victim’s death by occupational negligence on the same day at Youngcheon-si University Hospital located in Youngcheon-si, Youngcheon-gu, 10-gil, around 20:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a death certificate;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The mitigated area of Article 62(1) of the Act on the Suspension of Execution [the grounds for sentencing] 2 types of general traffic accidents (the person subject to special mitigation from April to one year), [including efforts to recover damage] - The sentence is disadvantageous: The fact that the defendant's serious results of the death of the victim due to the shock of the victim who is walking on the crosswalk has occurred - Other favorable circumstances: the defendant has agreed with the bereaved family of the victim separately, other than the vehicle of the defendant's driver's vehicle covered by comprehensive insurance; the defendant's first and second crimes against the victim's first and second late; and the defendant's other reasons.