Defendant shall be punished by imprisonment without prison labor for four 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 vehicle loaded in freezing B.

On February 13, 2020, around 15:57 on February 15, 2020, the Defendant turned back from the side of the Seoul Southernbuk C to the west at the speed of the stern speed.

In such cases, the driver of the motor vehicle has a duty of care to live well in the future and to prevent the accident by properly manipulating the brake system.

Nevertheless, the Defendant neglected this and got the victim D (the age of 82) who was walking behind the cargo vehicle that the Defendant driven by negligence while driving, and got the victim D (the age of 82) to the lower part of the above cargo vehicle that the Defendant driven.

As a result, the Defendant suffered injury to the victim, such as cutting down the foundation of the upper frame, which requires approximately six weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Application of Acts and subordinate statutes to a written statement on the occurrence of a traffic accident by a defendant's legal statement, a survey report on actual condition, an accident scene photograph, and CCTV image data;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: From January to five years of imprisonment without prison labor;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] The injury (person subject to special sentencing] caused by traffic accidents: The mitigated elements of punishment (including the area of recommendation and the scope of recommended punishment]; the mitigated scope of punishment; January to August of the credit cooperative;

3. Determination of sentence: 4 months of imprisonment without prison labor or one year of suspended sentence is a case in which a prosecution cannot be instituted against the will expressed by the victim as a crime of non-compliance with punishment against the victim.

The defendant submitted a written agreement twice in the trial process, and two children of the victim are prepared in the capacity of each victim's representative.