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 dump truck truck driver.

피고인은 2020. 3. 31. 09:05경 위 화물차를 운전하여 전남 담양군 고서면 가사문학로 고읍교 ‘ㅓ’자형 삼거리 교차로를 가사문학면 방면에서 고서면 소재지 방향으로 진행하게 되었다.

At the time, the location was a three-distance intersection where traffic is not controlled, so in such a case, there was a duty of care to prevent accidents in advance by driving a cargo driver at the speed prior to entering the intersection and driving safely.

Nevertheless, the Defendant neglected this and tried to turn on the direction direction, etc. from the opposite side of the traffic of the victim C(76 years of age) who was moving to the left at the left due to negligence, and found and operated the D motorcycle, but did not avoid it, and received the right side part of the above motorcycle as the front part of the driving freight of the Defendant.

Ultimately, the Defendant caused the victim to die due to the injury to the two parts of symptoms in the E Hospital at around 10:18 of the same day by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of video CD-related Acts and subordinate statutes;

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. The reasoning for sentencing under Article 62(1) of the Criminal Act for the suspended sentence is that the victim died due to the instant accident, the degree of negligence of the defendant and the victim, the defendant's bereaved family members agreed with the bereaved family members and thus the victim's wishes to punish the defendant, the defendant's mistake is divided, and the defendant's age, character and conduct, and circumstances before and after the crime are taken into account all the sentencing conditions shown in the records and arguments of this case.