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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who is engaged in driving of Potops B.

On August 17, 2016, the Defendant driven the above cargo vehicle around 21:30, and proceeded at a speed of about 70 km from Sacheon-si to Sacheon-si, Sacheon-si, a two-lane of the radio village in front of the radio village, which is proposed at the upper end of Sacheon-si.

At the time of night, it was difficult to view the passage of pedestrians due to the location of the village and bus stop on the side of the road. In such a case, there was a duty of care to safely drive a motor vehicle to prevent traffic accidents by safely driving it, such as reducing speed to persons engaged in driving the motor vehicle, checking whether there are pedestrians passing through the front and right door well, etc.

Nevertheless, the Defendant neglected this and did not discover the victim C (IS 77 years of age) who was a road to the right from the left side of the direction of the defendant's proceeding by negligence and did not discover the victim C (IS 77 years of age) and received a part of the driver's seat on the part of the defendant's cargo vehicle.

Ultimately, the Defendant caused the victim’s death by occupational negligence on August 18, 2016, which was being treated in an emergency room of a university hospital located in Gyeongnam-gu, Jinnam-si, and caused the victim’s death by blood transfusion due to the external openness.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition (1, 2);

1. Application of Acts and subordinate statutes to death diagnosis reports and postmortem records;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: From one month to five years of credit cooperatives;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be limited to the range of the ordinary traffic accidents (the death of traffic accidents) in the area of mitigation (four months to one year) (the person who is specially mitigated).