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

Punishment of the crime

The defendant is a person who is engaged in driving of a landing machine E.

On March 6, 2017, the Defendant operated a excavation searcher around 18:35, and proceeded bypassing the intersection of the 238 Home Pluter in the direction of the Cheongsi-ro 238 Home Pluter, Osan-ro, Cheongsan-ro, and then moving bypass from the direction of the 19th parallel.

Since there is a crosswalk where a signal, etc. is installed, in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a road by reducing the speed and by properly examining the right and the right of the motor vehicle, and to safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and tried to stand the crosswalk from the right side of the proceeding to the left side of the road, and the victim F (V, 54 years old), who was faced with the victim F (W, 54 years old), was sent to the wheels in front of the locker.

As a result, the Defendant died of a victimized person due to an occupational negligence on the part of the victimized person due to a serious brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each investigation report (to attach traffic accident images and listen to the statements of witnesses);

1. On-site photographs, photographs, and CDs;

1. Application of Acts and subordinate statutes to dead bodies;

1. Grounds for sentencing under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 268 of the Criminal Act concerning criminal facts;

1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] traffic crimes, general traffic accidents, and types 2 (Death, etc. of traffic accidents) (special sentencing factors) mitigated factors - the increased factors of efforts to recover damage - Where illegality in the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy [the scope of recommended punishment] basic area, 8 months without prison labor or 2 years without prison labor;

3. The crime of this case, the sentence of which is determined, is the victim after temporarily suspending in front of the crosswalk or decreasing the speed while the defendant makes a right-hand turn through the private-distance intersection.