Defendant shall be punished by imprisonment without prison labor for eight 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

On June 22, 2013, the Defendant driving a sealed truck C as his duties, and tried to drive a private distance near the entrance village located in the west-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do at about 70km in the speed of Simdo from the luxri-ri to the luxri-do, Seosan-do.

Since the location is a place where traffic is not controlled, there was a duty of care to confirm whether a person engaged in driving of a motor vehicle has a cross-vehicles by reducing speed or temporarily stopping the motor vehicle.

Nevertheless, the Defendant neglected this and got the right side of the Eth City 100 motorcycle driving by the victim D(the age of 78) who had proceeded with the above private distance from the left side of the running direction due to the negligence of the Defendant’s failure, and then received the front side of the said cargo vehicle.

Ultimately, the Defendant caused the victim to die due to the above occupational negligence at G Hospital located in the Jung-gu Daejeon Metropolitan City F in the Daejeon Metropolitan City on the same day at around 15:07.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each police officer's statement about H and I;

1. Each entry of the traffic accident occurrence report and the actual survey report;

1. Application of Acts and subordinate statutes to entries in a death certificate;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter referred to as “the sentencing guidelines”) of the Criminal Act, the defendant is recommended to be sentenced to four to ten months from his/her imprisonment without labor (where a victim is negligent in the occurrence of a traffic accident or the expansion of damage due to a special mitigation factor, referring to the recognition of not to punish him/her). The fact that the most victim of the family committed the instant crime committed by the defendant is dead and his/her bereaved family suffers from serious pain, and that it is difficult to view that the degree of the defendant’s negligence is minor.