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

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

Punishment of the crime

On October 27, 2012, the Defendant is a person engaging in CM truck driving. On October 27, 2012, the Defendant parked the above truck on three-lanes among the three-lanes in Geumyang-dong, Geumyang-dong, Geumyang-si. At night, and the roads parked are relatively high-speed driving in the area where the restricted speed is 80km, so if a truck is parked on the road, the Defendant has a duty of care to prevent the occurrence of accidents by using lights, such as headlights or sidelights, even though there was a duty of care to prevent the occurrence of accidents by using lights, without taking such measures as above, the front part of the EF, which is driven by the victim D (44 years old) due to negligence in the course of driving the truck, led to the death of the Defendant, resulting in the death of the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. The actual condition of traffic accidents;

1. A written result of autopsy;

1. Application of on-site photographs, places of accident, road photographs, and statutes;

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. Scope of sentencing on the grounds of sentencing under Article 62 (1) of the Criminal Act: The scope of final sentencing recommended by sentencing guidelines from January to October 5 of the imprisonment without prison labor for the period from April to October of the year: The types of crimes / [the types of crimes ] the types of the death of traffic accidents in general traffic accident standards among traffic crime groups : No mitigation element: Where there is substantial negligence on the occurrence of traffic accidents or the expansion of damage, the victim is not subject to punishment [the scope of recommending punishment] the area of special mitigation [the range of recommending punishment] the area of special mitigation (from February to October): there is no mitigation element: The factor of recommending the suspension of sentence based on the sentencing guidelines for motor vehicle comprehensive insurance coverage [the main reasons for recommending the suspension of sentence based on the serious reflectness, whether or not to recommend the suspension of sentence based on the sentencing guidelines for the motor vehicle comprehensive insurance coverage]