Defendant shall be punished by imprisonment without prison labor for six 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 construction machinery B, which is a construction machinery under the Construction Machinery Management Act.

On January 24, 2018, the Defendant was driving on the road near Jin-si, Jin-si, Seoul, at a speed of about 3 km as soon as possible, at a speed of about 3 km from the elevation, while driving the said gale on the road near Jin-si.

In such a case, the driver has a duty of care to properly see the backside and the left and right of the driver, and to accurately manipulate the steering gear and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant neglected this and neglected to stop at a later place, and the upper part of the CA110 motor bicycle and the upper part of the breast part of the victim D(82 tax) with the upper part on the left side of the construction machinery loaded by the victim D(82 tax).

Ultimately, the Defendant caused the victim to die due to the above occupational negligence in the G care hospital located in Jinsi F in Jinsi-si on May 4, 2018 due to the crym cage at 00:35, and caused the death of the victim due to the crym cage at the G care hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on traffic accidents and a survey report on actual condition;

1. A copy of medical records, such as a death certificate and medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);

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

1. Application of the sentencing criteria [the scope of the recommended punishment] General traffic accidents in Type 2 (Death and Injury by Traffic Accidents) (4 to 1 year) (including special mitigation persons) and non-execution of punishment (including serious efforts to recover damage);

2. In light of the fact that the occurrence of the serious result of the death of the victim due to the instant traffic accident in which the sentence was rendered, and that the negligence of the defendant is not significant, there is a need for strict punishment of the defendant.

However, the defendant recognizes his mistake and reflects it, and the bereaved family of the victim.