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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in the duty of driving Category C cargo vehicles.

On August 17, 2015, the Defendant driven the above vehicle at a speed of about 104 km per hour in accordance with the direction of 104 km from the sub-deside of sub-lim, which is the three-lane road in front of D in both weeks.

Since there is a road with a restricted speed of 60km every hour, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by complying with the restricted speed and operating the steering gear and brakes accurately.

Nevertheless, the defendant neglected this and found the victim E (61) who crosses the road from the right-hand side of the defendant's running direction to the left-hand side of the road when he was negligent in driving the restricted speed more than 44 km per hour, and failed to avoid it, but the part of the front part of the vehicle driving by the defendant was shocked by the victim's bicycle left-hand side.

Ultimately, the Defendant’s negligence on August 30, 2015 caused the death of the victim at the Matern Hospital of the Government of the Motern University, which was located in the 271 Mancheon-ro, Gicheon-ro on August 30, 2015 due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report, on-site map, and on-site photograph;

1. A death certificate;

1. Application of the Acts and subordinate statutes of comprehensive traffic accident analysis;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] is the case where the victim was negligent due to considerable fault in the occurrence of traffic accidents or the expansion of damage even for the mitigated area (4 months to 1 year) of the mitigated area (the victim of a traffic accident) (the special mitigated person] [the decision of sentencing] 10 months of imprisonment without prison labor or 10 months of the suspended sentence, or 2 years of suspended sentence: the defendant driven the vehicle by negligence exceeding the restricted speed.