Defendant shall be punished by imprisonment without prison labor for one year.

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 who is engaged in driving of the vehicle B5 tons of a truck freezinging tower.

On November 15, 2019, the Defendant driven the above cargo vehicle on November 15, 2019, along with four-lanes in the direction of the Dongjak-gu Seoul Metropolitan Government's neighboring Olympic Games (the intermediate point in the moving intersection in the distribution intersection).

In such cases, a person engaged in driving service has a duty of care to ensure safe operation by checking the safety of the course by maintaining the safety distance, and accurately operating the steering and operating the steering system.

그럼에도 피고인은 안전거리를 유지하지 않고 전방 주시 의무를 태만 히 한 채 운전한 과실로 전방 대형 교통안전 표지 철거 공사를 마치고 주변 안전 시설물을 수거하는 작업을 하고 있던 피해자 D( 남, 47세) 을 미처 발견하지 못하고 피고인 운전 화물차의 앞 범퍼 부분으로 피해자의 몸통 부분을 들이받고 그로 인해 피해자의 몸이 튕겨 져 나가 전방 바닥으로 떨어지게 하여 피해자에게 다발성 외상을 입혔고, 피해자는 같은 날 E 병원으로 이송하는 도중 심 폐기능 정지로 사망하였다.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. The defendant's respective police statements (including attached documents) with respect to F, G and H in the court statement of the police;

1. Report on the occurrence of a traffic accident and report on the occurrence of the traffic accident (1) (2) (including a fact-finding report), inspection report, each investigation report (including attached documents), death report (D) and application of each CD-1 statute;

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 Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: From January to five years of a credit cooperative;

2. The sentencing guidelines shall be recommended; and