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 the duty of driving a truck truck truck driver with 25 tons of treatment B.

On December 3, 2020, the Defendant driven the above cargo vehicle as of December 12:45, 2020, and moved the front road of Gwanak-gu in Seoul Special Metropolitan City into the front road of the new private community center from D elementary school to the front road of the new private community center.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safelypassing the right and the right prior to the right and the right of the motor vehicle.

Nevertheless, the defendant neglected this and failed to find a bicycle driven by the victim E (53) who is straight from the right side of the way by negligence that makes it difficult for the defendant to take it over to the right part of the front part.

Ultimately, the Defendant caused the victim's death by occupational negligence in G hospital located in the Dongjak-gu Seoul Metropolitan Government F, which was at around 13:24 on December 3, 2020, while treating the victim at G hospital.

Summary of Evidence

1. Defendant’s legal statement of traffic accident report (1) (2) and application of the Acts and subordinate statutes concerning the occurrence of traffic accident to his/her death report;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Not more than five years of imprisonment without prison labor;

2. Application of the sentencing guidelines [the types of decisions] traffic crimes, Type 2 (Special Mitigation Measures) (Death or Injury of Traffic Accidents), punishment not for the general traffic accidents (the scope of recommended punishment], the area of mitigation of punishment, April to one year without prison labor;

3. Circumstances unfavorable to the decision of sentence: A serious result of the death of a victim was incurred due to the defendant's occupational negligence.

The favorable circumstances: The defendant led to confession and reflect on each of the crimes in this case.

The defendant.