Defendant shall be punished by imprisonment without prison labor for six 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

On November 17, 2017, at around 10:40, the Defendant driven a c1 ton cargo vehicle at a speed of about 10 km from the west-dong of Busan to the west-dong of Manduk-do, with the speed of about 10 km from the west-dong to the Sinsan elementary school at the speed of about 10 km.

In such cases, there was a duty of care to safely drive a person who is engaged in driving of a motor vehicle by checking the front side and the left side.

Nevertheless, the defendant neglected this and did not discover the victim D(75) who crosses the road from the right side of the defendant's proceeding to the left side, and received the victim from the front part of the above cargo vehicle.

Accordingly, the Defendant caused the victim to die due to the above occupational negligence on the 18th of the same month due to brain injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on traffic accidents and written statements on the occurrence of traffic accidents;

1. A death certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;

2. The occurrence of a serious result of the victim’s death caused by the instant accident in which the sentence was rendered.

However, in consideration of all the sentencing factors revealed in the trial process of this case, such as the fact that the defendant reflects his mistake, the fact that the victim and his bereaved family members have agreed smoothly with the victim, the fact that there was no previous conviction, and the age, sex behavior, environment, accident circumstance, circumstances after the crime, etc., the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.