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

However, the execution of the above punishment shall be suspended for 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 service of Category C cargo vehicle (1 ton).

On April 21, 2018, the Defendant proceeded at a speed of about 86.4 km in Si speed, depending on the two-lane 763-10 located in the two-lane 763-10 in the two-lane Myeon in Sinsan-si, Sinsan-si, Sinsan-si.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear, steering gear, brake system and other devices to the person engaged in driving the motor vehicle, and thereby safely operating the motor vehicle.

Nevertheless, the defendant neglected this and did not discover the victim D(80) which is crossing the right side from the left side of the defendant's proceeding direction and did not get the victim to go beyond the ground.

Ultimately, the Defendant caused the death of a person who was injured by occupational negligence as above, due to the tension with a tension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the occurrence of a traffic accident, site photograph of an accident, and corpse death certificate;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The general traffic accident area of Type 2 (Death by Traffic Accidents) [4 months-1 years] [the victim] also has a considerable fault in the occurrence of traffic accidents or the expansion of damage [the decision of sentencing] is disadvantageous to the defendant's fault that a serious result of the victim's death is caused.

However, there is a difference between the defendant and the victim's wrong, and the victim is far away from the crosswalk.