A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On November 27, 2012, the Defendant, without obtaining a driver’s license at around 17:20 on November 27, 2012, drive a truck truck truck of c Hyundai 5 tons on the insular road located in Pyeongtaek-ri, which is located in Pyeongtaek-ri at the time of permanently moving the said road to the rooftop concrete from the 3rd side of the Seocho-si, and in such cases, the Defendant, who is engaged in driving, is a narrow channel adjacent to the national highway at night and at that time, is deemed to have a clerical error, and thus, the Defendant, as indicated in the facts charged in the latter bank, without changing the indictment

Along with the occupational negligence of neglecting the duty of care to operate the steering direction and brakes accurately, the defendant's back part was driven by the victim D (W, 59 years old) who was operating the cargo column of the above cargo from the gate to Kimcheon-do, while neglecting the duty of care to operate the steering direction and brakes accurately, resulting in the victim's death by damaging the chest blood relative in the above place at around 18:07 of the same day, by taking advantage of the wind range and the head part of the victim's head.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. A written result of autopsy;

1. Application of Acts and subordinate statutes on site photographs;

1. The indictment under Article 152 subparag. 1, Article 43 of the Road Traffic Act, and Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents stipulates the proviso of Article 2 subparag. 7 of the Act on Special Cases Concerning the Settlement of Traffic Accidents. However, in the case of the crime of occupational negligence or death, the above proviso cannot be applied.

Article 268 of the Criminal Code (the occupation of occupational death and death caused by traffic of the vehicle, the choice of imprisonment without prison labor)

1. From among concurrent crimes, a punishment against the accused shall be imposed within the scope of mitigated sentence, taking into account the special mitigation factors of the sentencing criteria for general traffic accidents among the two types of traffic accidents in general, within the range of mitigated sentence, which is set forth in the former part of Article 37, Article 38(1)2 and (2), and Article 50 of the Criminal Act;