Defendant shall be punished by imprisonment without prison labor for a period of one year and two 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 who is engaged in driving a dump truck.

On May 23, 2016, at around 08:55, the Defendant proceeded along the two-lane road in the south-gu Incheon Metropolitan City C with one-lane from the long distance of traffic broadcasting to the East chemical distance.

Since there is a crosswalk where a signal, etc. is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident by driving the motor vehicle safely.

Nevertheless, the Defendant neglected this and proceeded without finding the victim E (at 57 years old) who cross the crosswalk from the right side to the left side in accordance with the pedestrian signals due to the negligence of going in violation of the signal, and proceeded with the victim who was placed on the floor after receiving the above dump truck from the front side.

After all, the Defendant caused the death of the victim due to the same occupational negligence as above, such as an external wound and scarcity in the workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to dead bodies;

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 extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Traffic Accidents lies in not only the criminal history subject to punishment, but also the defendant, as a cargo driver, neglects his/her duty of care to follow traffic-related Acts and subordinate statutes even though he/she has an occupational intent to observe the traffic-related Acts and subordinate statutes, causing the death of a victim who has walked the crosswalk pursuant to a pedestrian’s new name by sufficienting and reverseing the signal.