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

However, the execution of the above punishment shall be suspended for one year 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 C Poter cargo vehicle.

On October 27, 2017, the Defendant driven an above cargo vehicle at around 08:30 on October 27, 2017, and led to the intersection of D in front of the Tririth to the fishery rithm.

Since there is a prohibition zone in front of the intersection, there was a duty of care to refrain from driving people.

Nevertheless, while the defendant neglected this and passed the bicycle of the victim E (86) driving ahead of the defendant's running direction at the above intersection, the defendant got the victim's left side part of the bicycle loaded on the defendant's vehicle and went beyond the victim.

On May 12, 2018, the Defendant caused the death of the victim who was receiving medical treatment from the Busan Metropolitan City Medical Center in accordance with the Busan Metropolitan City Medical Center as of May 12, 2018.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. One and two traffic accidents reports;

1. On-site photographs;

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

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 [the scope of the recommended sentence] general traffic accident [the grounds for sentencing under Article 62-2 of the Criminal Act] The sentence shall be determined as ordered within the scope of the recommended sentence according to the sentencing guidelines, taking into account the following: (a) the mitigation area (4 to 1 year); (b) the victim’s bereaved family does not want the punishment of the defendant; (c) the victim’s bereaved family does not want the punishment; (d) the defendant’s age, environment, motive, means and consequence of the crime; and (e) the sentencing conditions indicated in the record, such as the circumstances after the crime, etc.