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

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 dump truck driver.

On August 11, 2015, the Defendant driven a dump truck around 15:50 on the dump truck and moved to the 7th dump national highways from the IC to the dump distance from the dump line.

Since there are three-distance crossings, and a crosswalks installed on the right-hand side, the driver of the motor vehicle has a duty of care to prevent accidents by operating the motor vehicle with the attitude to immediately stop, if there is any person who is unable to complete the crossing, by sufficiently reducing the speed in advance before reaching the crosswalks, and sufficiently reducing the speed before reaching the crosswalks, and making it possible for the driver of the motor vehicle to enter the crosswalks, and by operating the motor vehicle with the driver’s duty of care to prevent accidents.

Nevertheless, the Defendant neglected to do so and did not sufficiently examine whether there was a person who has already entered the crosswalk, and received the victim D (54) who was on board the electric wheelchairs and passed the said crosswalk, by negligence while bypassing the crosswalk.

Ultimately, the Defendant caused the victim’s death by occupational negligence on September 4, 2015, resulting in the death of the victim due to the diversity organ damage at around 12:51 on September 4, 2015

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act;

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

1. Although the victim did not agree with the victim's bereaved family who had no criminal records or criminal records of the same kind of crime or punishment for the sentencing of Article 62-2(1) of the Social Service Order Act, the comprehensive motor vehicle insurance was purchased, and the victim's signal at the time of the accident was blue.

The sentencing range of recommendations on sentencing guidelines (the evidence record 166-167 pages) shall not be considered difficult (the imprisonment without prison labor - January 1: traffic crimes, general traffic accidents, and general traffic accidents).