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 a concrete mixed truck.

On February 28, 2019, the Defendant driven the above vehicle at around 19:00, and led the front road of the D organization located in Daegu Northern-gu C to the third public Corporation from the upper new distance protection area.

Since there was a road on which a crosswalk was installed, in such a case, there was a duty of care to confirm whether a person engaged in driving service is crossing the road by using a crosswalk by reducing speed and by properly examining the right and the right of the road.

Nevertheless, due to negligence of neglecting this, the Defendant discovered the victim E (the 64-year old) who was standing a bicycle on the right side of the Defendant’s vehicle and opened the crosswalk from the right side of the Defendant’s vehicle to the left side, followed the victim’s bicycle side by shocking the victim’s bicycle side with the front part of the Defendant’s vehicle, and led the victim’s body to the right side with the front side of the Defendant’s vehicle and continued to the rear wheels.

Ultimately, the Defendant caused the victim’s death by occupational negligence in the middle-gu, Daegu District University Hospital on February 28, 2019, which was being treated at the 130 Gyeong-ro, Jung-gu, Daegu District University Hospital (hereinafter “Seoul District University Hospital”).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on internal accidents ( telephone conversations of a rayer);

1. A death certificate;

1. Application of Acts and subordinate statutes to investigation reports (with respect to the submission ofCCTV images);

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. The scope of recommendations according to the sentencing guidelines on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendations] according to the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act, and the general traffic accident [the type 2] mitigation element of traffic accident death [the special person] mitigation element of punishment (including efforts to recover damage): Reduction range of punishment (including the recommended area and the scope of recommendations) mitigation range, credit cooperative.