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

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

Punishment of the crime

The Defendant is a person engaged in driving a B garbage dump vehicle.

When the Defendant operates a dump vehicle at around 08:20 on September 14, 2017 and loads waste to Seo-gu Incheon Metropolitan City, the Defendant has a duty of care to load and unload wastes on the ground that the reclaimed land is mixed with garbage and soil, and the ground is not solid, and when he loads waste to a place where a dump truck is loaded in the course of loading because it is not flat and there is a risk that vehicles lose balance and can spread, he/she is obliged to load and unload wastes to a place where a dump truck is loaded in the course of loading and unloading, he/she has a duty of care to safely load and load wastes, such as maintaining the distance between the signal number and 5m or more, and receiving confirmation on the ground condition and the horizontal of the vehicle.

Nevertheless, the Defendant, without the direction of the above D, carried the signal number D into the loading site for drinking water, without any work to dump trucks close to the Fump trucks of the victim E who was working for loading and unloading, brought the victim B dump trucks over the right side and covered the victim's dump truck driver's dump truck's dump truck's dump driver's seat at that time, and caused the victim who was seated on the above Fump truck's dump driver's dump truck's death.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to written opinion on accident investigation;

1. Relevant Article 268 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment without prison labor;

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentence as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, and the conditions of sentencing as shown in the trial process.

Unfavorable circumstances: the background of the instant crime; or