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

However, the execution of the above sentence shall be suspended for a period of 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 of B-II cargo vehicles.

On September 20, 2017, the Defendant driven an above cargo vehicle around 11:10, while proceeding one-lane road in front of the Cheongbuk-do, Cheongbuk-do, Cheongbuk-do, from the inside and outside of the mountain to the west speed.

Since it is so far away, there was a duty of care to safely drive a driver by reducing the speed for the person engaged in driving service and checking the front side well.

Nevertheless, the Defendant neglected to do so and did not look at the front and proceeded with it, and found it late after the driving of the victim D(83) who was in progress, and did not avoid it, and received the part behind the Defendant’s cargo vehicle.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the university racing hospital located in the Dong-dong University on September 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] : (a) [Attachment 2] mitigated area of reduction [Attachment 1] [Attachment ] (including Special mitigated persons] - Involuntary efforts to recover damage] - The fact that a serious consequence of the death of a victim has occurred due to the instant accident: The fact that a serious consequence has occurred due to the instant accident; (b) a favorable circumstance has been agreed separately with the bereaved family members of the victim, except for the vehicle of the defendant being covered by a comprehensive insurance; (c) the fact that the defendant was first and later against the crime committed; (d) the age, sexual conduct, environment, motive and circumstance of the crime; and (e) circumstances after the crime, etc., various sentencing factors as shown in the instant argument are considered.