Defendant shall be punished by imprisonment without prison labor for not less than five months.

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

Punishment of the crime

The Defendant is a person engaged in driving C-II truck.

On December 29, 2016, the Defendant driven the above truck on December 11:40, 2016, and turned back the back road of the front house of Busan Northern-gu to about 5 km from the front room of the new commercial building to the front side of the new commercial building.

Since the place was a side where the passage of people and vehicles is frequent, in this case, the driver of the vehicle has a duty of care to check whether there is a person driving the vehicle, and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected his/her duty to carry two caters and 2 in the freight partitions of the instant truck to the extent that it could not see the situation of the rear, and did not take all measures such as having another person keep another person observe the rear condition of the truck, and did not accurately operate the steering gear and brakes through a whiteer and a clicker, and did not find the victim E (V, 87 years old) on the rear side of the instant truck, which was going back to the road, and did not find out the victim E (V, 87 years old) on the rear side of the instant truck, and went beyond the road by shocking the damaged person with the rear part of the said truck.

As a result, the Defendant had the victim receive treatment at the G hospital located in the Busan Northern-gu F, Busan, by such occupational negligence, and caused the death of the victim due to the shock of the vehicle and the damage of the chest caused by the disease of the vehicle at around 14:52 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to dead bodies;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) leads to the death of the victim due to negligence of the defendant, which is not easy to.