1. The defendant shall be punished by imprisonment without prison labor for a period of one and half years;

2.Provided, That the above sentence shall be executed for a period of three 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 dump truck.

On January 24, 2018, the Defendant driven the above vehicle at around 10:40, and passed the intersection in front of Dongducheon City by straighting the intersection in front of Dongducheon-si along the two-lanes of the mountainside as required in the semi-sections.

Since the location is a three-distance intersection with yellow on-and-off lights, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should safely pass through the intersection by safely keeping the lane by reducing speed and considering the flow of another motor vehicle.

Nevertheless, the Defendant neglected this and dump truck received the front portion of the left side of the E-Poter truck, which dump truck drivened along the opposite lane, along the opposite lane, at the end of the dump truck where the Defendant d(58 tax) was in a straight transit along the opposite lane, without reducing speed at the intersection.

Ultimately, the Defendant caused the death of the above victim by occupational negligence as a result of the suspension of cardiopulmonary injury from the job to the suspension of death of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A traffic accident report;

1. Protocol of inspection;

1. A death certificate;

1. Application of statutes on site photographs;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures lies in a victim's vehicle running across the center of the road in the vicinity of the intersection, and the degree of negligence is significant.

In addition, since the victim has died due to this, the result of the crime is also serious.

In addition, in the past, the defendant has been punished five times as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and has been sentenced to imprisonment without prison labor two times.