The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, the above sentence shall be executed 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 driving of a cargo vehicle B.

On June 16, 2017, the Defendant driven an above cargo vehicle at around 17:30 on June 16, 2017, and led the front road of Gwangju Seo-gu to drive at an indefinite speed.

At the same time, there is a concentration of housing in the vicinity and there is a lot of pedestrians on the road as a one-lane that is not divided between the sidewalk and the roadway, so the driver of the motor vehicle has a duty of care to operate the steering gear and the brake in a safe way by accurately manipulating the steering gear and the brake system while checking whether there is a pedestrian by well examining the right and the right of the front.

Nevertheless, the defendant did not neglect this and did not find out the victim D(73 years old) who was prone to left due to negligence without giving any particular attention, and did not get the victim back to the road. The defendant got the victim back to the road.

Ultimately, the Defendant caused the victim’s death by occupational negligence in light of the foregoing 23:42 on the same day by a multi-long-term side by blood transfusions in the mouth in the mouth of Gwangju-gu, Gwangju-gu, and by blood transfusions during treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs of the scene of a traffic accident, black booms and caps and photographs of changeers;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

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

1. The scope of recommended punishment [the scope of recommended punishment] according to the sentencing guidelines for general traffic accidents in the range of punishment [the scope of recommended punishment] and the area of mitigation (the period from April to one year) [the person subject to special mitigation] and the area of punishment not subject to punishment (including serious efforts to recover damage);

2. Determination of sentence;