A defendant shall be punished by imprisonment for not less than eight 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 of a D-port cargo vehicle.

On January 31, 2017, the Defendant driving the above cargo vehicle around 17:11, and driving the F convenience store located in the Gun of the southnamdo at a speed of about 55 K km in speed from the upstream of the mountain to the E-section.

At the same time, there was a risk of interference with the view due to the sunlighting light, and thus, there was a duty of care to prevent accidents in advance by reducing speed and accurately manipulating the steering direction and operating the steering system after checking whether a person engaged in driving service is a pedestrian by properly manipulating the steering direction and operating the steering system.

Nevertheless, the Defendant neglected to do so and did not keep the front door at a speed and did not keep it properly, and did so, the Defendant’s fault, from the right side of the Defendant’s cargo vehicle, to the left side of the victim G (n, 72 years of age)’s head and left side side part of the Defendant’s cargo vehicle. As a result, the victim died of the Plaintiff’s treatment at a pre-university hospital due to low blood shock, multi-dactivity, and diver blood transfusion, etc. on February 1, 2017.

The Defendant caused the death of the victim by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A death diagnosis certificate I;

1. A traffic accident report and a detailed statement on the processing of reported cases;

1. On-site photographs and CCTV CDs;

1. Application of Acts and subordinate statutes to a report on investigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

1. The two types of ordinary traffic accidents shall be applied to the sentencing criteria (the scope of recommended punishment);