Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person who is engaged in driving of the Johovahor B.

On May 12, 2017, around 10:50, the Defendant proceeded at a speed of about 30 km depending on the inner side of the two-lanes on the national highways No. 24-25, 1, 38, Jinsung-si, Sacheon-si, Sacheon-do, the two-lanes of the two-lanes on the national highways No. 38, 1,000.

In such a case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and immediately changed the course from the two lanes to the one-lane, and proceeded at the same one-lane of the same room, and received the part of the victim C (Y, 44) driving ahead of the right side of the truck as the back side of the Defendant Tracter.

Ultimately, the Defendant damaged the victim’s concrete mixing truck by his occupational negligence as above, which is worth KRW 6,01,940,000, for repairing cost.

Summary of Evidence

1. Each legal statement of witness C and witness E;

1. Statement made by C in the protocol of interrogation of the suspect to the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs and black photographs of the accident site;

1. Comprehensive traffic accident analysis report;

1. Application of the written estimate statutes;

1. Relevant Article 151 of the Road Traffic Act and the selection of fines concerning facts constituting an offense, as well as Article 151 of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

A. The defendant and his defense counsel asserted that the accident of this case occurred under the following circumstances, and thus, the accident of this case was rather caused by the victim's occupational negligence.

① At the two-lanes of the national highways No. 24-25, 1, 38 between Pyeongtaek-si and Pungsung-Eup, the Defendant driver was driving ahead of the victim’s concrete mixing truck.

② They were proceeding behind the Track.