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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving a cargo vehicle B 25 tons or more.

On November 27, 2013, the Defendant driven the above cargo vehicle around 15:20 on November 27, 2013, and moved the pump funeral distance crossing from the law firm funeral distance of 142 Dong-dong, Incheon, Dong-gu, Incheon to the ad hoc surface from the modern steel embankment to the IC seat.

At the same time, the victim C(73 years of age) was getting on the right side of the bicycle, so the defendant engaged in the driving of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident by driving the motor vehicle in advance by safely driving the motor vehicle, such as checking the front and rear left side and operating the steering gear and the brake system accurately.

Nevertheless, the Defendant neglected to do so and neglected the duty of care on the left and right, and neglected to discover the victim's bicycle driving in the future of the cargo of the Defendant in the Marina, 199, and received them as they were.

In the end, the Defendant caused the victim's death by occupational negligence, which caused the victim's death from his job to his blood reduced shock.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement made by the police against D;

1. On-site photographs, on-site photographs, and related visual images taken by a traffic accident report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 (Selection of Depository Punishment)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Application of the sentencing criteria;

(a) Determination of types: Traffic crimes, general traffic accidents, and death or injury of traffic accidents;

(b) Special siblings: Reduction factors (where there is a substantial negligence in the occurrence of a traffic accident even to a person who is not subject to punishment or a victim);

(c) General life-sustaining persons: Reduction factors (Purchase of the motor vehicle comprehensive insurance);

(d) Scope of recommendations: Special mitigation areas, two months to ten months;

3. Determination of sentence: Six months of imprisonment without prison labor, one year of suspended execution (the reasonable circumstances);