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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving freight vehicles with a ton of 1 ton.

On July 9, 2017, the Defendant driven the above cargo vehicle around 08:00, and led to the cross-section at the entrance of 3000,000,000, 62,00 north-ro 62, Chungcheongnam-gun, Chungcheongnam-gun, to proceed in the direction of harmony from the direction of shock.

A person engaged in driving service has a duty of care to safely drive by ascertaining whether there are vehicles, etc. crossing by reducing speed at the time of entering an intersection or temporarily stopping.

그럼에도 피고인은 이를 게을리 한 채 직진한 과실로 벽용 3리 마을 방향에서 농로 방향으로 진행 중이 던 피해자 C(77 세) 운전의 D SJ50 오토바이를 위 화물차 전면 부로 들이받아 피해자로 하여금 같은 날 09:06 경 익산시 무왕로 895에 있는 원광대학 교 응급의료센터에서 외상성 쇽으로 사망에 이르게 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Submissions of traffic accident analysis reports;

1. A death certificate;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Traffic Accidents Act / [2 months to one year] where there is considerable fault in the occurrence of traffic accidents or the expansion of damage even for the victim (person subject to special mitigation] / Article 62(1) of the Act on the Suspension of Execution where there is considerable fault in the occurrence of traffic accidents or the expansion of damage, it is not easy to punish the victim (including a serious effort to recover damage) (the decision of sentence] / The result of the crime such as the death of the victim due to the instant accident, but it is not easy for the defendant to recognize and reflect the mistake, the defendant agreed with the victim's bereaved family members, the vehicle is covered by the comprehensive motor vehicle insurance, the defendant is punished once by a fine for these crimes.