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

However, the execution of the above punishment shall be suspended for 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 of B New-Wood Motor Vehicle.

On September 17, 2016, the Defendant driven the above car on September 06:25, 2016, and changed the lane to three-lanes while driving the four-lane road at a speed of about 70km per hour from the direction of the emulpo zone to the direction of the emulpo zone, depending on the direction of the emulpo zone.

At the time, the passage of the front and the front of the road was getting off, and the change of the vehicle line was sought. Therefore, the driver of the motor vehicle had a duty of care to reduce speed and give direction-setting, etc. to those engaged in driving the motor vehicle in advance of the change of course while well-beinging the traffic situation of the front and rear of the vehicle in advance of the change of course.

그럼에도 불구하고 피고인은 이를 게을리 한 채 속력을 줄이지 않고 그대로 우측으로 차선을 변경한 과실로 위 아반떼 승용차 조수석 쪽 뒷문으로 3차로를 진행 중이던 C 운행의 D 메가트럭 5톤 화물차의 운전석 앞 바퀴를 충격하고 그 충격으로 인하여 위 아반떼 승용차가 오른쪽으로 회전하여 튕겨나가면서 비상주차대에 주차된 E 메가트럭 화물차의 뒷범퍼를 들이받았다.

Ultimately, on September 17, 2016, the Defendant caused the death of the victim F (39 years of age) of the Defendant who was on the back side of the driver’s vehicle from the foregoing occupational negligence, due to the increase of the damage to the middle dynasium at the Incheon-gu Busan-gu Welfare Hospital, Busan-do, as a result, around 07:42 September 17, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and G;

1. A traffic accident report (1) (2);

1. On-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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 suspension of execution results in the death of the victim by negligence of the defendant for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act.