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

except that 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 is engaged in driving a dump truck.

On August 7, 2018, the defendant, around 16:30, Seosan-si, C construction site, sent a right-hand road to C construction site direction from the right-side bank to C construction site direction.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to check whether there is any person on the side of the road by putting on the front side and right side and accurately operating the steering and brake system, and to prevent accidents by driving the motor vehicle.

Nevertheless, the defendant neglected this and caused the death of the victim D (ma, 52 years old) who was on the right side of the vehicle of the above cargo due to the negligence of driving the vehicle as it is, and the victim was sent back to the back wheels of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. The actual condition survey report;

1. Reporting, etc. on the occurrence of traffic accidents;

1. A corpse of corpse;

1. A survey report (CCTV verification);

1. Application of Acts and subordinate statutes, such as field photographs, black boxes, and CDs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and selection of

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents in Type II (Death, etc. of Traffic Accidents) (4-1 year) (Special Mitigation) and no penalty shall be imposed;

2. The occurrence of a serious result of the victim's death was occurred due to the Defendant's negligence in driving.

Provided, That the punishment as ordered shall be determined by comprehensively taking into account all the circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., and the fact that the defendant's mistake is recognized, the first offender is the victim's bereaved family members and the bereaved family members do not want punishment against the defendant.