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

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

On April 21, 2017, at around 16:55, the Defendant driven the above cargo vehicle and had the road run at the intersection of the private road of C in front of C at the lower slope of the road.

Since there is an intersection that is not supported by traffic control, there was a duty of care to check whether there is a cross-road vehicle by reducing the speed or temporarily stopping the driver, and to drive safely.

Nevertheless, the Defendant neglected this and proceeded to the right side on the left side of the cargo driving direction of the victim D (hereinafter referred to as 69 years old) who operated the bicycle driving on the right side on the left side of the cargo driving direction.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the F Hospital located in Kimcheon-si, Kimcheon-si, where the victim was treated for transmission after around 13:55 on April 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a report on the actual condition of investigation, and a protocol of inspection;

1. Making teas;

1. A death certificate;

1. Application of Acts and subordinate statutes to on-site photographs and motion picture photographs;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. The range of recommended punishment [the types of decisions] according to the sentencing criteria and the factors to reduce the types of general traffic accidents (any person who is subject to special sentencing] and the factors to reduce the punishment shall not be subject to punishment [the scope of recommended punishment], the area of mitigation of punishment [the scope of recommended punishment], and four months to one year;

2. Determination of sentence is heavier than the result of the instant crime;

However, the fact that the defendant recognized and reflected the crime of this case and agreed with the victim.