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

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 12, 2017, the Defendant driven a dump truck around 09:36, and moved the road of one lane prior to the “E Hospital” located in Anyang-si D at Anyang-si, bypassing the road from the sump road to the sump distance.

In the case of bypassing the intersection, the Defendant, who was engaged in driving a motor vehicle, has a duty of care to accurately operate the steering direction and brakes and to safely proceed with the operation of the steering direction by taking care of the pedestrian who is driving the motor vehicle well, but due to the occupational negligence by neglecting this duty, the Defendant, while neglecting it, took the victim F ( South, 48 years old) who was crossing the road from the front side to the left side from the right side of the motor vehicle and took the road back from the front side of the motor vehicle to the right side, and caused the victim to die at the right side.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a traffic accident report, and a corpse death certificate;

1. On-site photographs, photographs of damaged vehicles, and victim photographs;

1. The application of CCTV video data and video data (salong-distance ITS)-related Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] of the general traffic accident [the scope of the recommended sentence] of Article 62(1) of the Act on the Suspension of Execution where the victim was negligent due to the occurrence of traffic accidents or the expansion of damage even in the area of special mitigation (two months to one year) [the victim] of Article 62(2) of the Act on the Suspension of Execution (including efforts to recover damage] of the victim's death due to the defendant's occupational negligence.

On the other hand, although the defendant's driver's vehicle is in a state of bypassing, in light of the circumstances where the accident occurred while crossing the road without permission without the moving of the vehicle, the victim's fault has contributed to the occurrence of the accident.