Defendant shall be punished by imprisonment without prison labor for four 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

The defendant is a person who is engaged in driving the train.

On January 4, 2019, at around 13:45, the Defendant was driving a motor vehicle in the “C” workplace located in Guro-gu Seoul Metropolitan Government, Guro-gu, and had it resume.

In such a case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes with the driver who is engaged in driving service.

Nevertheless, the Defendant neglected this and did not check the rear side properly, and did so by negligence, which caused the victim D (year 51) who was walking on the rear side of the rear side of the train in which the Defendant was driving. The Defendant had the right edge of the victim with the left rear wheels.

As a result, the Defendant suffered approximately 16 weeks of medical treatment from the victim due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

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

1. Article 268 of the Criminal Act and Article 268 of the Criminal Act concerning the crime, the choice of imprisonment without prison labor;

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the crime resulting in death or injury by occupational negligence or gross negligence (the scope of the recommended area and the range of the recommended punishment] and the basic area of the punishment, the imprisonment without prison labor for four months to ten months.

3. Determination of sentence: A sentence of imprisonment without prison labor for 4 months and a sentence for 2 years disadvantageous to the suspension of execution: The victim suffered serious bodily and mental distress for about 16 weeks due to the instant accident; the victim complained of considerable physical and mental distress thereafter; there are no criminal records of the same kind of crime and no criminal records of the suspension of execution or more; the victim reflects that there is no criminal records of the suspension of execution or more; the victim is under civil action (Seoul Southern District Court 2020Gadan211454) against the Dispute Resolution Co., Ltd.; and the above company is next to the above company.