Defendant shall be punished by imprisonment without prison labor for ten 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

around 02:00 on April 6, 2013, the Defendant: (a) driven around 317 km point of the Busan FFK in Busan in the direction of Busan in the direction of the Seoul, while driving the DF at approximately 317 km point of the Busan in the CF, which is located in the CF, and caused an accident of receiving the rear part of the FF truck parked in the front part of the said FF truck, which is parked in the front part of the said cargo, and thus, the Defendant stopped the cargo driven by the Defendant.

At night, vehicles are driving on a high speed, and in such a case, the driver has a duty of care to promptly move the accident vehicle to the sideway, etc., install the sign of the broken vehicle on the rear road of not less than 100 meters from the vehicle stopped due to the breakdown, and to prevent further installation of the red light signal, electric agents, or flame signal, which can be identified at a point of not less than 500 meters below all sides on the rear road from the parked vehicle.

The Defendant neglected the above duty of care and did not move the vehicle to the side, but did not install the sign of the vehicle, red light signal, electric agents, or fire extinguishing signal, and caused the H-line cargo lane driven by the victim G (54 years old) who was driven by the Defendant at the rear side, to have the rear part of the D-line cargo vehicle driven by the Defendant.

The Defendant caused the death of the victim by occupational negligence due to a scarcity damage around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

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

1. Application of Acts and subordinate statutes to a investigation report (Attachment of CCTV video data to the headquarters in the Chungcheong area of the Road Corporation);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Circumstances favorable to the defendant among the reasons for sentencing under Article 62(1) of the Criminal Act are as follows.