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.

Punishment of the crime

The defendant is a person who is engaged in driving of CPoter 2 cargo vehicles.

On February 1, 2017, the Defendant driven the above cargo vehicle around 18:55, and proceeded ahead of the exit road No. 821 Dobong-ro, Dobong-gu, Dobong-gu, Seoul, at a speed of about 76 km per hour, along the two-lanes towards the Government from the west-ro, the Dobong-ro, 821 Dobong-ro, Seoul.

Since the restriction speed is 60 km a speed, there was a duty of care to prevent accidents in advance by safely proceeding with the driver of the motor vehicle, such as seeing the front door, observing the restricted speed, and accurately operating the steering gear and brakes.

Nevertheless, the defendant neglected this and proceeded at a speed exceeding 16 km a speed of speed at a speed, and caused the victim D (67 cc) to walk the crosswalk to the left side from the right side of the proceeding direction, and received the front portion of the above cargo driving of the defendant.

Ultimately, around February 11, 2017, the Defendant caused the victim to die in the emergency room of the hospital of Dobong-gu Seoul Metropolitan Government, 308, by occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. A survey report on actual conditions;

1. A death certificate and a written report of autopsy;

1. Investigation report (as to a violation of speed);

1. Application of the statutes on traffic accident analysis;

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. Taking into account the circumstances, such as the fact that there was an excessive error by the defendant for sentencing under Article 62(1) of the Criminal Act and the result of the victim’s death, the fact that there was no previous conviction except the sentence of a fine of KRW 300,000 as a result of a violation of the Road Traffic Act in 1999, the victim was also at fault crossing the road without permission, the fact that there was an error of crossing the road without permission, the fact that the victim was subscribed to the National Trucking