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

However, the execution of the above sentence shall be suspended for a period of 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 BP car.

On November 1, 2016, the Defendant driven the above car at around 19:00 and proceeded along two lanes at a speed of about 80 km from the fl.m. to the south side of the fl.m. along the two-lane road near the two-lanes of the fl.m. to the south side at a speed of about 10 km in speed.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering and brakes well, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected his duty of care and neglected to stop between the two-lanes on the front side of the running direction of the Defendant, and did not discover the cargo vehicle C4.5 tons which stops between the two-lanes on the front side of the said vehicle and received the rear part of the said cargo vehicle as the front part of the said vehicle, and caused the damage to the victim's body, which maintained the said vehicle below the said cargo vehicle, the lower part of the cargo vehicle was reduced.

Ultimately, the Defendant caused the death of the victim by occupational negligence at a pre-university hospital located in Gwangju Dong-gu, Dong-gu, Gwangju, where the transfer fee was charged to the victim on November 9, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and on-site photographs;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accident No. 2 (Death, etc. by Traffic Accidents) (4-1 year from April to 1), the mitigation area (including special mitigation persons), the punishment not to be imposed (including efforts to recover damage), and the defendant's negligence caused a result that the victim could not be able to die.

Provided, That this shall not apply to the cases agreed with the bereaved family members.