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 became final and conclusive.

Criminal facts

The Defendant is a person who owns the 4.5 ton of modern 4.5 tons, and is engaged in the operation of the said vehicle.

On November 26, 2016, around 17:50, the Defendant parked the truck on the road at the frontway in Kimhae-si C.

It is a road that has a slope, and there are many people in the vicinity, so in such a case, the defendant, the driver of the above truck, has a duty of care to prevent accidents that may occur due to the driving of other power, such as extinguishing the truck along the warning road, etc., in consideration of the risk that the accident may occur due to the driving of other power, and to drive the above truck so that it can not be cut off, or take measures such as cutting the burner team in its wheels so that the truck can not be cut off.

However, while the Defendant neglected this and operated the next flag on the road where the above truck was parked, or did not take measures such as manipulating the burners with the wheels, etc., the Defendant left the above truck and went off from the above truck, and caused the victim E (44 years old) who was installed to remove the above truck by following the slope of the above road.

Ultimately, around November 26, 2016, the Defendant caused the victim’s death by occupational negligence as seen above, due to multiple prolonged damage on the job.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reporting on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant Article of the Criminal Act and Article 268 of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of recommendation] Type 3 (the scope of punishment by gross negligence on duty). (4 months to 10 months) of the mitigation area (the person who has been specially mitigated).