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 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 B-Class truck.

On March 16, 2017, the Defendant driven the above truck around 08:00, and proceeded along the four-lane road near the Nam-gu Incheon Metropolitan City, Nam-gu, in accordance with the 4-lanes of the active duty area from the chill apartment room to the 4-lanes of the rice field.

At all times, there was a crosswalk in which signal lights are installed on the front side, and in particular, even when the signal such as the above signal has been changed to the traffic signal on the road, there was a stop without proceeding the vehicle on the 2,3-lanes, so there was a duty of care to check whether there was a person who will reduce speed and watch the front, and prevent the accident in advance.

Nevertheless, the Defendant neglected to stop on the front road and proceeded without reducing speed, and found the victim D (Woo, 80 years old) late to the right on the left side of the crosswalk, and operated it to avoid this. However, the Defendant did not avoid it, but had the victim go beyond the ground with the front part of the truck.

As a result, the Defendant caused the victim to die with the above occupational negligence, and caused the victim to die with a scarbly in both sides during the period of moving back to the Gacheon-ro Hospital No. 774, Nam-gu, Incheon, Nam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Delivery of a corpse death certificate, traffic accident analysis certificate, each photograph, and the application of statutes on the report of traffic accidents;

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. In light of the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act led to the death of the victim due to his influence driving, and that the defendant has the ability to punish traffic-related crimes, the responsibility of the defendant shall be mitigated.