Defendant shall be punished by imprisonment without prison labor for one year.

except that 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 January 30, 2019, the Defendant, who is engaged in the driving of the Poter Cargo Vehicles B, was driving the above cargo vehicles around 18:30 on January 30, 2019, and was proceeding the roads near Yangcheon-gu Seoul Metropolitan Government with the Ehter from the Do intersection.

Since there are residential places, such as apartment houses, and places where pedestrians are expected to pass, in such cases, there was a duty of care to prevent conflict with pedestrians, etc. by properly examining the surroundings.

Nevertheless, the Defendant neglected the duty of care as seen above, thereby checking cell phones, and continuously proceeding without looking at the front bank, and shocking the Victim F (the age of 52) who dried up a road at the same time, with the front part of the said cargo vehicle.

As a result, the Defendant caused the death of the victim F due to the negligence in the course of business by reason of brain training in the G Hospital around February 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A yellow survey report, a blackbbox image CD;

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

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

1. Selection of alternative imprisonment without prison labor;

1. According to the sentencing guidelines set forth in the sentencing guidelines of the Supreme Court of Korea, considering the various sentencing conditions shown in the arguments of this case, such as the occurrence of traffic accidents resulting in a cause in the sentencing of Article 62(1) of the Criminal Act, the degree of illegality of the defendant's negligence related to the accident, the bereaved family members and their bereaved family members, there are no criminal records, and reflectivity, the sentence the same as the order shall be set within the mitigated area of general traffic accidents of the type 2.

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