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

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

Punishment of the crime

around 14:15 on August 7, 2017, the Defendant was driving a cargo vehicle by getting on the front side of Seongdong-gu Seoul, Seongdong-gu, his father II cargo vehicle owned by his father and undergoing a speed pedal.

Since the defendant's father E was placed at the engine hub in order to prevent the sudden decline of cargo vehicles due to the alleyway, the driver of the cargo vehicle has a duty of care to prevent accidents by operating the vehicle in the state of stopping after closely checking the condition of the vehicle in order to prevent the vehicle from proceeding in the future.

Nevertheless, in order to operate air-conditionings in the cargo vehicle, the Defendant neglected this, followed the cargo vehicle's time zone after opening, and followed the speed peds to check the occurrence of the operation, and caused the victim F (81 tax) who was walking on the left side of the front side of the cargo to go up with the front side of the cargo vehicle and faced with the house gate by shocking the victim F (81 tax) who was walking on the left side of the road.

Ultimately, the Defendant’s occupational negligence caused the victim F to scarbly die in the emergency room of the Hanyang University Hospital on August 7, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol with respect to E and G;

1. Report on the occurrence of a traffic accident;

1. Photographs submitted by the on-site police officers;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. 주장 피고인과 변호인은 이 사건 사고 당시 피고인이 에어컨을 세게 작동시킬 생각으로 차량의 시동을 켠 후 차량의 기어가 주차에 놓여 있는 줄 알고 가속 페달을 밟았을 뿐이므로, 이 사건 사고는 교통사고에 해당하지 않는다고...