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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a Korean commercial five tons truck.

On June 1, 2016, the Defendant driving the above cargo in order to move the vehicle into E-1, after completing loading and unloading of the cargo from the Dokpo Combined Cargo Terminal D-2 Dong-dong 82, Dok-dong, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, 01.

In such cases, there was a duty of care to prevent accidents, such as starting a vehicle, etc. after checking whether a person engaged in driving service has no person in the vicinity, and starting the vehicle.

Nevertheless, the defendant neglected the above duty of care and caused the victim C (63 ) who was on the right side of the cargo vehicle to go beyond the front wheels of the above vehicle by negligence, which caused the victim C (63 ) who was on the right side of the vehicle.

Ultimately, the Defendant caused the death of the above victim by occupational negligence due to multiple prolonged damage, etc. immediately after the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A death certificate;

1. Application of Acts and subordinate statutes on site photographs and carcasses;

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. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing under the sentencing guidelines] - The area of mitigation (four months to one year) for the type two general traffic accidents (the death or injury of a traffic accident) - Special mitigated person: In a case where a person who has been sentenced to punishment is not subject to punishment [the decision of sentence] - a person who has been sentenced to punishment for a serious consequence, such as the death of a defendant or a crime resulting from a traffic accident, has a record of being sentenced to punishment once for a crime resulting from a traffic accident. - A favorable normal circumstance: A victim