Defendant shall be punished by imprisonment without prison labor for one year.

Punishment of the crime

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

On September 27, 2019, at around 13:55, the Defendant driven the above truck and moved the truck to a right bypassing it from D elementary school surface to E apartment room.

Since there is a child protection zone installed a crosswalk, a driver engaged in driving business has a duty of care to safely prevent accidents by driving his/her vehicle in advance by safely checking whether or not there is a child to walk on the crosswalk by reducing the speed in front of the crosswalk or stopping it, and by checking it well.

Nevertheless, the Defendant neglected this and caused the Defendant to go off the way by using the crosswalk from the right side of the F convenience point to G room as G room, with the victim H (Nam, 7 years of age) in front of the Defendant’s above truck, and led the victim beyond the road due to its shock to the back wheel part of the Defendant’s truck left side.

As a result, the Defendant caused the victim to suffer from the above occupational negligence at the J Hospital located in I at the time of stay at around 14:36 of the same day, resulting in the victim's sule death.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. An accident site photograph;

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

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing of selective imprisonment without prison labor;

1. Scope of the recommended punishment according to the sentencing guidelines [the determination of types of punishment] general traffic accidents [the type 2] - the death of traffic accidents (the specially-induct person] - the aggravated element: Cases where illegality in the proviso to Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or cases of clibing (the crosswalks and children protection zones under subparagraph 6, subparagraph 11) (the area of recommendation and the scope of recommended punishment] increased area, one year through three years without prison labor;

2. Determination of sentence;