Defendant shall be punished by imprisonment without prison labor for one year.

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 a feed transport vehicle of 8.9 tons in Korea.

On March 13, 2019, the Defendant driven the above vehicle at around 21:10, and proceeded along the two lanes in order to make the U.S. C Apartment in front of the Western-gun.

At the time, there was no good view at night, and there was a road where the passage of ordinary vehicles was frequent. In such a case, a person engaged in driving a motor vehicle has a duty of care to provide an internship at a place where the internship is allowed to do so and to prevent the accident from occurring.

Nevertheless, the defendant neglected this and obstructed the road at a place where U-turn is not permitted, and the victim D (74 years old) who is driving in the same direction as that of the defendant's vehicle located in the rear side of the defendant's bed conflict with the defendant's vehicle.

Ultimately, the Defendant caused the death of a victim who was sent to an emergency room of G Hospital in F at around 22:47 on the same day due to the foregoing occupational negligence, due to the heart suspension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the on-site evidence of a traffic accident;

1. Application of Acts and subordinate statutes of death certificate (D);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendation according to the sentencing guidelines: The area where traffic accidents (type 2) are mitigated, and four to one year (the elements of mitigation of special sentencing) of imprisonment without prison labor for any traffic accident shall be mitigated, and the punishment shall not be imposed;

2. The Defendant, who was driving the sentenced cargo vehicle, was making a U-turn in an area where the U-turn is not allowed, and the victim's O-to-be, who continued one-lane in the same direction, suffered a serious result in the victim's death.