Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is a person who is engaged in driving of a C-wing three cargo vehicles.

On March 28, 2014, the Defendant driven the above cargo vehicle at around 09:25, and got off to get loaded at the “E” workplace located in Yongsan-gu, Busan Metropolitan City.

As a collection and disposal place for recyclables, the victim F (V, 57 years old) was cleaning in the nearby place, and there was a situation in which many loaded goods are loaded in the cargo vehicle, so in such a case, the driver of the motor vehicle has a duty of care to prevent the accident in advance by safely checking whether there is a person in the rear side and keeping the vehicle in the future.

Nevertheless, due to the occupational negligence of the Defendant, the Defendant neglected to do so, did not regard the victim who was cleaning on the rear side of the cargo vehicle of the Defendant, and had the victim go beyond the floor by shocking the rear side of the cargo vehicle, and had the victim go beyond the left rear wheels.

Ultimately, at around 10:25 on March 28, 2014, the Defendant caused the victim’s death by the occupational negligence as “the evidence of thirrosis and brain damage” at the Dongsan Hospital located in the Dongdong-dong-gu, Seoyang-si, Mangdong-si.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to traffic accident investigation reports, photographs of vehicles at the scene of accident, CCTV images, and corpse inspection reports;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal Act;

2. Article 62 (1) of the Criminal Act;

3. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was unable to take account of the fact that a traffic accident brought about the death or the irrecoverable consequence of the death of the person who caused the traffic accident, etc. is an element of sentencing unfavorable to the Defendant.

On the other hand, the defendant recognized the facts charged of this case and opposed to them, and agreed with the bereaved family members of the victim.