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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving a construction machine B, which is a construction machine.

Around 18:00 on November 14, 2018, the Defendant driven the above digging pool and proceeded at a speed of one-lane road in front of Gangdong-gu Seoul Metropolitan Government C at the ebbbbbbbb from the ebbbbbbbs of rocks to the unsurgic air.

There are lots of blind spots, such as where a large number of houses are installed, and the area is adjacent to a road, and the area is so long as the area is not well seen due to the height of the body and the structure of the vehicle, etc., so in such a case, there was a duty of care to safely drive a motor vehicle to prevent accidents by driving the motor vehicle in advance, such as moving the stop line, moving the right and the right and the right of the driver of the clif, allowing the driver of the clif to anticipate the possibility of pedestrian access in advance and allowing the driver of the clif to view the blind area in the front.

Nevertheless, the defendant neglected this and did not find out the victim D who was moving the way from the right side to the left side by the negligence of proceeding without examining the front side properly, and did not discover the victim D who was moving the way to the left side, and got the victim to the ground as the front part of the defendant's digging-out, and had the victim go to the front part of the right side of the above digging-out.

After all, the Defendant caused the death of the victim from the above occupational negligence to the two colons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to traffic accident reports and written statements of autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Determination of types: Traffic Crime> Class 2 of the General Traffic Accident Case>

(b) Special penal persons: [Discretionary factors] no penalty;

(c) The scope of the recommended field and the scope of the recommended sentence: Reduction field, 4 months to 1 year without prison labor;

2. Sentence;