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

However, the execution of the above punishment shall be suspended for a period of 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 C Poter cargo vehicle.

On December 21, 2017, the Defendant changed the window tunnel from the first lane to the second lane and proceeded at a US speed. On December 21, 2017, the Defendant changed the window tunnel of the central highway Chuncheon, which is a movable property of Chuncheon, to the second lane.

Since the location was inside a tunnel on an expressway, there was a duty of care to prevent accidents in advance, such as complying with the speed and speed of the vehicle, accurately operating steering devices and brakes, and securing sufficient safety distance with the vehicle ahead.

Nevertheless, the Defendant neglected this and found that the U.S. vehicle in front of the moving direction immediately after changing the lane from the first lane to the second lane, and immediately after the moving of the two lanes, and immediately after the moving of the two lanes, received the right-hand rail immediately after the moving of the two lanes.

Ultimately, the Defendant caused the death of the victim D (71) who was accompanied by the foregoing cargo due to the foregoing occupational negligence by the victim D (71) on December 22, 2017, while receiving treatment at the Gangwon National University Hospital on December 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes on CCTVs, such as each fact-finding survey report (the net time 3,23), field photographs, death reports (D), climatic photographs, photographs of climatic images in the original window tunnel (Sacheon-do), photofafics, postmortem records, and CCTV image CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant was carrying out a change of course and operation in the part of the tunnel entrance (it is not deemed that the road was left up, but the snow outside the road) in winter, and that the accident in this case was not easily caused by his negligence, and that the victim's negligence is not the victim.