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

However, the execution of the above punishment 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 who is engaged in driving a C concrete mixture truck.

On February 1, 2018, the Defendant completed another snow work at the second construction site of the D Building in Chuncheon-si and continued to drive the said truck.

In such cases, a person engaged in driving of a truck had a duty of care to prevent an accident by properly examining the surrounding conditions prior to departure, in particular by ascertaining the blind spot through post-labing landscaping, and ascertaining whether there is no person or vehicle in the surrounding area.

Nevertheless, the defendant neglected this and did not discover the victim E (62) in front of the above truck, but did not discover it and did so due to negligence, and tried to go ahead of the right and back with the rear wheels.

Ultimately, the Defendant caused the victim’s death on the spot due to the above occupational negligence by causing the victim’s serious brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F, G, and H;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a survey report on the actual condition, a field photograph, a body examination report, and a photograph of the dead body;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act is that the defendant starting a concrete mixing truck without looking at the blind spot and causing an accident to the right side, the rear wheels to station the victim, and the occurrence of the serious result of the victim's death is disadvantageous to the defendant.

However, the defendant seems to have committed a crime, and the defendant has subscribed to a comprehensive insurance, and the victim's bereaved family has paid 36 million won separately.