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

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

Punishment of the crime

The defendant shall engage in the duty of driving Category C cargo vehicles.

On May 4, 2016, the Defendant driven an above cargo vehicle around 13:00, while proceeding to the fishery village of the same Eup/Myeon from the later middle school of the Hamyeong-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At this point, there is a road of one lane, and the victim D(92) is driving ahead of it. In such a case, when a person engaged in driving of a motor vehicle intends to overtake another motor vehicle, he/she has a duty of care to prevent accidents in advance by driving it at a safe speed and method, such as passing through the left side of the motor vehicle in front at a place where the right of way is allowed, and taking care of the traffic on the front side, and driving of the motor vehicle has a duty of care to prevent accidents.

Nevertheless, the Defendant neglected to overtake on the right side of the above Otoba, which had been prior to the Defendant, brought about the front front part of the above Otoba, with the part of loading after the driver's seat of the above O to the above Obaba.

Ultimately, around May 15, 2016, the Defendant caused the death of the victim due to the above occupational negligence due to the ambening surgery at the Gansung-ro 259 (Calculation Dong), Gandongeeeng-si, Gwangju-si, Gwangju-si, to the death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to traffic accident reports, accident-related photographs, and death diagnosis reports;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. Type 2 (Death, etc. caused by Traffic Accidents) (from April to one year) of the mitigated area (the punishment of a person who has been specially mitigated is not imposed) of the general traffic accident;

2. A favorable circumstance, such as the absence of record of committing the same kind of crime to be sentenced, the fact that the bereaved family members of the victim do not want the punishment of the defendant, and the reflection of the mistake.