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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

The defendant is a person who is engaged in the duties of driving Track.

On June 2, 2014, at around 16:00, the Defendant was driving a victim B (the 72 years of age) on the Track Track on the Track on June 2, 2014, and driving the Track Track, thereby driving the road in the front of Yangsan City at about 5 km from the Hack Village Track-gu to the la

Since it was a road with a threshold, there was a duty of care to prevent accidents in advance by safely driving the driver by reducing speed and driving the left and the right of the driver.

Nevertheless, the Defendant neglected this and did not discover that the victim temporarily gets off from the Track, and left the Track as it was by negligence, and caused the victim to die from the Busan National University Hospital on June 3, 2014, which was located in Seo-gu, Seo-gu, Busan National University on 02:50 on June 3, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes concerning postmortem records;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing sentencing criteria [Scope of Recommendation] General traffic accident Type II (Death resulting from Traffic Accidents) (4-10 months) (special mitigation) and no penalty shall be imposed;

2. The defendant's reason for sentencing is that the defendant's occupational negligence caused the death of the victim by driving a Track while driving the Track. Considering the degree of negligence of the defendant and the victim's death and the result of the damage of this case is very serious, the nature of the crime is heavy.

However, the defendant's mistake is divided, and the victim's bereaved family has paid 30 million won to his bereaved family, and there is no criminal power before this case.