Defendant shall be punished by imprisonment without prison labor for eight 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

The defendant is a person who is engaged in driving a cargo vehicle B 25 tons.

On February 27, 2019, the Defendant driven the above cargo vehicle at around 01:45, and continued to go from the Myeon of Busan to the Myeon of Busan, depending on the four-lanes of the 128.5km away from the 4-lanes at the Gyeong-dong, Daegu-dong.

At the time, since the vehicle was at night and was an expressway, the driver of the vehicle has a duty of care to safely drive the vehicle by checking the front door and the left and right of the vehicle. In particular, if the vehicle stops in order to deal with the accident in the front door, the driver of the vehicle has a duty of care to safely check whether the passenger is walking around the vehicle.

Nevertheless, the defendant's negligence found that the victim D (the 47-year old) who was the driver of the Cenz's car which was stopped to handle the accident at the front of the day was coming from the above Benz's car, and then was found late to see that the above victim was faced with the front cargo of the defendant.

Ultimately, the Defendant caused the said victim’s death by occupational negligence to a multi-long-term system due to the neutism of middle-gu, Daegu High-ro, 130 (Seoul High-ro), which was receiving medical treatment from the Hospital of North Korean University on March 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. On-site, vehicle photographs, etc.;

1. Application of Acts and subordinate statutes of a death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing guidelines, general traffic accidents [Type 2], the death of traffic accidents [including special-sponsor], the factors to mitigate the punishment (including serious efforts to recover damage], the area of mitigation [including the area of recommendation and recommendation], the area of mitigation of punishment (the scope of recommendation and recommendation], and April through one year;

2. Determination of sentence -