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

However, the execution of the above punishment shall be suspended for 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 of a freight vehicle B, C, and C.

On August 28, 2020, the Defendant driven the above vehicle on August 18, 2020, and got to go back from the farm road in front of the regular Eup.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to drive the steering gear and brake system in a safe way by accurately manipulating the steering gear and brake system in the rear side before being backward.

Nevertheless, the Defendant neglected this and failed to find out the victim D (M, 88 years old) who was fright behind the Defendant’s vehicle due to negligence, which led to the Defendant’s failure to look at the rear side, and was placed on the Defendant’s vehicle, and received the victim’s side or parts on the right side.

Ultimately, the Defendant caused the victim to die by occupational negligence on August 29, 2020, at the F hospital located in the Y in the Yasan-si E on August 29, 2020, in the course of treatment, from an external shock.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. On-site photographs;

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

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the pleadings of the instant case, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed.

Unfavorable circumstances: A serious result of the victim's death occurred.

The favorable circumstances: The defendant talks that the victim of the old age where the defendant was pushing ahead with the pedestrian in a narrow channel would pass after subtracting the difference, and the defendant will take the vehicle back after settlement with the human body, and the victim will not wait before.