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

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 of B Poter Cargo Vehicles.

On September 14, 2014, the Defendant driven the above cargo vehicle at a speed of about 80km per hour, depending on the one-lane between the 3-lane between the breadth and the breadth of the Delel road located in Yongnam-gun C, Youngnam-gun.

Since this is a road bend to port, there was a duty of care to reduce speed to a person engaged in driving of a motor vehicle and to properly see the right and the right of the front side of the motor vehicle, while safely operating the steering gear and the brakes in a safe manner, to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded as it was, and the victim E (the age of 82) who was seated to repair the malfunction in the front direction of the Defendant’s running direction was considered to have been above the left side of the cargo vehicle of the Defendant.

As a result, the Defendant caused the death of the victim in the same place due to the above occupational negligence, namely, double alley and cerebrovascular.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police with F (Evidence No. 49 pages of evidence);

1. The actual condition survey report and evidence and photographs of the scene of a traffic accident;

1. Application of Acts and subordinate statutes of the body autopsy (E);

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 (Consideration of sentencing)

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

1. Determination of types of crime: Death of traffic accidents in general traffic crimes;

2. Determination of the scope of sentence: Reduction area, four months to ten months (a person who is a person who commits a special mitigation shall not be punished);

3. Although there was a serious result of the determination of sentence or the death of the victim as to whether to suspend execution, the fact that the defendant recognizes and reflects his/her negligence, that the defendant agrees with the victim's bereaved family, that the motor vehicle comprehensive insurance is subscribed, and that the defendant exceeds a fine.