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

Punishment of the crime

The defendant is a person who is engaged in driving of cargo vehicles of C23 tons.

On September 7, 2016, the Defendant driven the above cargo vehicle around 08:08, and used two lanes in front of the monthly elementary school located in the monthly path of Gwangju Mine-gu, Gwangju, along the two-lanes from the west apartment room to the second apartment room of the Hoban apartment.

At the same time, there is a crosswalk on which signal lights are installed, so it is confirmed whether a person engaged in driving of a motor vehicle has a way to cut off the way by reducing the speed of the motor vehicle and by checking well the front door, and if the walking on the crosswalk is green, it shall be stopped from the crosswalk stop line and shall not bypass it.

Nevertheless, the Defendant neglected this and did not temporarily stop even though the walking on the crosswalk was green signal and did not temporarily stop, and proceeded with the victim D (the age of 18) who was standing the crosswalk normally in accordance with green signals according to green signals, and even after the Defendant got above the victim D (the age of 18), the Defendant was driving the part of the victim's head, which was above the front right side of the freight vehicle, was turned back as it is.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, i.e., serious brain damage from the tin.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of applicable sentences by law: One month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment without prison labor for up to one year (the scope of the recommended punishment) from four months to one year (the scope of the recommended punishment) for the mitigation area (up to one year from April to one year) for the types of general traffic accidents (up to April).

3. The age, sex, environment, health conditions, the circumstances leading to the commission of the offence, in the principal normal relationship to be considered below the sentence: