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

However, the execution of the above punishment shall be suspended for 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 25 tons of cargo vehicles C.

On March 15, 2013, the Defendant driven the above cargo vehicle on March 12:28, 2013, and led to a local highway No. 923, prior to the small bus platform at the entrance of the 2nd Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, to turn back to the front of the same area to deliver fertilizers.

At the time, the above cargo was driven by the victim D(80 years old) 49cc off, and thus, the driver of the vehicle had a duty of care to prevent the accident by driving the vehicle after securing the safety of the course by properly examining the traffic situation before moving the vehicle to the driver.

Nevertheless, the Defendant neglected this and did not discover the damaged diaba, and caused the damage to the right-hand side of the above cargo by the negligence behind it, and continued to leave the damaged diaba on the road, and became the victim under the bottom of the cargo loaded.

Ultimately, at around 18:30 of the same day, the Defendant caused the victim to die due to damage to the chronic pressure and the scarcity and heart damage at the F Hospital located in Seongbuk-gun E in the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes to each traffic accident occurrence report, actual condition survey report, on-site photographs, and copies of death diagnosis report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act.

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. Application of the sentencing guidelines [decision of types] Transport Crime Group, General Traffic Accident Type 2 (Special Mitigation) (Death resulting from Traffic Accidents), Penalty not (the scope of recommending punishment), mitigated area, 4 months to 10 months (general mitigation) from 4 months to 10 months from 4 months from 10 months from 10 months from 30 months from 30 months from