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

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 person who is engaged in driving Category C vehicle.

On October 2, 2017, the Defendant driven the above cargo vehicle around 10:00, and proceeded at the speed of about 60 km from the north-Eup to the north-west side, depending on one lane in front of the Pyeongtaek-gu Simdong Village in Seongbuk-gu, Sung-gu, Sung-gun.

At that time, there are three-distance crossings without signal lights, and in such a case, there was a duty of care to properly check whether a person engaged in driving service has a vehicle entering the intersection and to accurately manipulate the steering and brakes, thereby preventing accidents.

Nevertheless, the defendant neglected to do so and followed the victim D (89) who had entered the road on the right side of the direction of the defendant's moving along the electric vehicle for disabled persons from the old rock village to the right side of the direction of the defendant's driving.

As a result, the Defendant caused the injury to the victim due to the foregoing occupational negligence, which caused the victim to suffer from the injury of the frame of the non-abstin and the two parts of the body, and caused the death of the victim at the hospital. On October 12, 2017, the Defendant was in the process of treating the patient at the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. A survey report on actual conditions;

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 Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course of Education / [The type of traffic accident / [the person causing a traffic accident ] Class 1 of the ordinary traffic accident (the person causing a special sentencing / The person causing a traffic accident ] mitigated element: The mitigated area of punishment [the scope of recommendation] mitigated area [the scope of recommendation] from January to August [the person causing a general sentencing].