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 drives a D truck.

On March 17, 2012, the Defendant driven the foregoing cargo vehicle around 21:40, while driving the two-lane road located in Panan-gun, Yan-gun, Chungcheongnam-gun, the Defendant caused the death of the victim F (54 years old) who was parked on the side of the above road on the front side of the truck driver's vehicle due to negligence in violation of the duty of care to safely operate the steering system and brakes by accurately operating the steering system and brakes, thereby neglecting the duty of care.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's legal statement, actual condition investigation report, accident photograph, body autopsy report

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts. Article 268 of the Criminal Act (Consideration to imprisonment without prison labor: considering that the Defendant was under the influence of drinking at the time of the instant traffic accident, and that the victim caused the death due to the instant traffic accident, etc.

2. Suspension of execution under Article 62 (1) of the Criminal Act. Article 62 (1) of the Criminal Act (Considerations, such as the relationship with the victim and background leading up to the movement, the fact that the comprehensive motor vehicle insurance is subscribed to and agreed smoothly with the victim

3. Article 62-2 of the Criminal Act;