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

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

Punishment of the crime

The Defendant is a person who is engaged in driving of fixed cargo C.

On August 6, 2018, the defendant operated the above cargo vehicles around 21:05, and led to the development of Gyeongnam-gun Development Eup, which led to the progress of the national highway No. 24 in front of the new village in 885 on the surface of human being in front of the new village in the 885.

At night, there was a duty of care to reduce speed and prevent accidents by operating the steering gear and the steering system accurately. In such a case, there was a duty of care to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and did not discover the cater which is driven by the victim D(70) prior to the same direction as the Defendant’s running direction, and received the rear part of the cater with the front part of the said cargo vehicle.

Ultimately, the Defendant caused the victim’s death from his job to cerebrovascular due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to report the occurrence of traffic accidents, death diagnosis reports, and investigation reports (Attachment to Blue Video Data);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of punishment [the scope of recommended punishment] for the Class 2 (Death or Injury of Traffic Accidents) (person subject to special mitigation] shall not be mitigated [the scope of recommended punishment] (the credit cooperative for four months to one year);

2. Elements of sentencing that are disadvantageous to the determination of sentence: Elements of sentencing favorable to the fact that the death of the victim gave rise to the severe result: the victim’s bereaved family members have agreed smoothly with the bereaved family members; the defendant has no previous record of suspended sentence or higher; the defendant has recognized the instant crime and reflects the depth thereof; the accident vehicle is a comprehensive motor vehicle insurance.