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 becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On January 23, 2020, the Defendant driving the above cargo vehicle around 18:22, and driving the two-lane way in front of the C Village in the Gyeongnam Development-gun with the two-lane direction from the D Zone to the west of the Gyeongcheon Intersection, and had a two-lane course changed to the two-lane way in order to overtake the vehicle driving ahead of the same lane.

In this case, the defendant who is engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as reducing speed according to road conditions and accurately operating brakes.

Nevertheless, if the defendant neglected his duty of Jeonju and failed to reduce speed by neglecting his duty of Jeonju, and failed to properly operate the brake system, the defendant got the front part of the bicycle driven by the victim E (58 years old) who was driving in the two-lanes above the two-lanes, etc., and caused the victim to fall off by the number of the two-lanes adjacent to the road due to the shock.

Ultimately, at around 18:41 on the same day due to the above occupational negligence, the Defendant caused the death of the victim due to the inception of detailed uncertainty.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Extent of recommendation [decision of types] according to the sentencing criteria for traffic crimes: General traffic accident [Type 2], the death of a traffic accident (special-speed person], the element of mitigation of punishment: In the area of reduction of punishment [the scope of recommendation and recommendation], the area of reduction of punishment [the scope of recommendation and recommendation], and April through one year;

2. The driver shall be able to see the death of a victim due to the driving by the care of the defendant in decision of sentence;