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

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

Punishment of the crime

The defendant is a person who is engaged in dump truck driving.

On June 1, 2018, the Defendant driven the above car at around 17:35, and proceeded to turn to the left at the seat of the comprehensive maintenance factory at the intersection of the amamb.

Since there is an intersection where a signal apparatus is installed, in such a case, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely in accordance with the signals by reducing speed and by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so and neglected to turn to the left, and neglected to turn to the left, received the front part of the victim C(52 Do) driving car from the victim C(52 Do) who was going to go to the intersection from the boundary of the main station in the Gyeongbuk-do, the front part of the vehicle for driving the Defendant.

As a result, the Defendant caused the death of a victimized person at a gender hospital in 329 due to the organization of permanent residence around 18:37 of the same day due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate and a written report of autopsy;

1. A ledger for the management of scene photographs of the accident and traffic signal apparatus;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of a suspect's violation of signal at the time of accident);

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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the scope of recommended punishment] the category 2 (the occurrence of a traffic accident) (the period from April to one year) of the mitigation area [the person subject to special sentencing] (the person subject to aggravated punishment] (the case where illegality in the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is heavy (the case where punishment is not mitigated), the victim is also negligent in the occurrence of a traffic accident or the expansion of damage;

2. The criminal defendant, who has violated the signal, commits a central line.