Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of 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 a B 25 tons dump truck.

On November 24, 2017, the Defendant: (a) driven the above truck on or around 18:00, while driving the front road of D in front of C while permanently residing at permanent residence from the jurisdiction of the Ministry of Labor, and driving it to the left left, and was led to the front part of the truck driven by the Defendant for the victim E (W, 83 years old) who was going to the right side from the left side of the running direction due to an occupational negligence in violation of the duty of the front direction and the duty of safety driving.

Ultimately, the Defendant caused the death of a victim from an external cerebrovascular in G hospital located in the Ansan-si F on December 3, 2017 due to the above occupational negligence at around 19:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to H and I by the police;

1. A survey report on actual condition and photographs on the scene of accidents;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs of deceased persons;

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

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

1. The sentencing criteria [Scope of the recommended punishment] The range of general traffic accidents of Type 2 (Death or Injury of Traffic Accidents), the area of special mitigation (two months to one year) (special mitigation)] (the victim is not subject to punishment where there are gross negligence due to the occurrence of traffic accidents or the expansion of damage;

2. The driving of the defendant's careless by the decision of sentencing led to a serious result that the victim's death could not be observed.

There have been several experiences of punishment for traffic-related crimes in the past.

However, in light of the fact that the victim was involved in the accident while crossing without permission, it seems that the victim is responsible for the occurrence of the accident.

The Defendant agreed with the bereaved family members of the victim.

The defendant reflects his fault in depth.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.