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 engaged in the operation of CIV dump trucks.

On November 20, 2017, the Defendant operated a dump truck around 10:00, and dump truck was waiting at the construction site of Eunpyeong-gu Seoul Metropolitan Government D Apartment apartment site, and dump road was going to the direction of the dump construction site at the entrance of the construction site in the direction of the ground-breaking construction site.

Since there is a construction site where traffic facilities are not fully equipped, a person engaged in dump truck driver's duty of care to drive a dump truck according to a signal number guide if there is a signal number, and if there is no signal number, it is necessary to check whether there is a human part in the construction site around the site, and if there is a human part in the construction site around the site, he/she has a duty of care to accurately operate the steering direction and brake system and prevent accidents.

Nevertheless, even though the Defendant sent the signal signal to the victim E (60) who is a signal recipient at the front side, and sent the signal that he will stop through the road, the Defendant neglected the front line duty and failed to discover the victim, and led the victim to approximately 8 meters of the body of the Defendant's dump truck due to occupational negligence, which continued without discovering the victim.

Ultimately, the Defendant caused the death of the victim due to such occupational negligence from the main emergency room of the head of the So-gu Seoul Seo-gu 50-1 with the annual length of 50-1 around November 20, 2017, at around 12:36, the Defendant caused the death of the victim due to low blood transfusion shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. A victim and on-site photograph;

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

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 the selection of imprisonment without prison labor;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the extent to which extent the damage was recovered by the comprehensive automobile insurance of a sea-going vehicle) has been recovered, and the Defendant has agreed on the compensation for damage.