Defendant shall be punished by imprisonment without prison labor for six 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 a soft machine.

On June 22, 2017, the Defendant driven a above digging machine on the 15:40 on June 22, 2017, and continued to drive one lane in front of Gyeonggi-si D, using one-laned road from the boundary of the public center in the city of Song-si to the original valley.

In such cases, the driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the defendant's negligence of neglecting the front-side si, caused the victim E, a pedestrian victim E (47) who was in the edge of the road in the same direction as that of the front-side si, to the front right of the locker.

Ultimately, the Defendant caused the death of the victim by occupational negligence at G hospitals located in Pyeongtaek-si F in the Gyeonggi-si Hospital, which was treating the victim after around 15:55 on June 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. The application of Acts and subordinate statutes to traffic accident reports, each investigation report and death diagnosis reports;

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 sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing under Article 62(1) of the Criminal Act, including the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The occurrence of a serious consequence of the death of the victim due to the instant traffic accident, provided that the defendant has agreed with the bereaved family members of the victim. - The defendant has no record of criminal punishment. - The defendant is against his fault.