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

However, the execution of the above punishment shall be suspended for 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 cargo vehicle of Category C and III.

On May 19, 2014, the Defendant driven the above cargo vehicles around 09:55, and led to the left-hand turn to the 183-way way of Songpa-gu Seoul Metropolitan Government (Minong-dong) from the direction of the Macheon-ro “Min-ro”.

In such cases, the driver of a motor vehicle has a duty of care to make a left-hand turn after checking the right-hand left-hand turn by checking well the right-hand left-hand turn.

Nevertheless, the part of the bicycle driven by the victim D (the 63-year old) who was driven by the lane opposite to the right-hand turn due to negligence of neglecting this, was the front part of the above cargo vehicle operated by the defendant.

Ultimately, around 10:40 on May 2, 2014, the Defendant caused the victim to die due to the diversous damage caused by the diversous surgery at the Gannam University Hospital located in 150, Gangdong-gu Seoul, Gangdong-gu, Gangdong-gu, Seoul to the long-term injury of the victim due to the diversopic surgery.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Accident video CDs;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2(1) of the Criminal Act: The range of applicable sentences (a credit cooperative with prison labor for not more than five years), traffic crime sentencing guidelines [general traffic accidents, Type 2 (Special Traffic Accidents Death, etc., Traffic Accident Death, etc., mitigated area (Special Mitigation factors: Doctrine, Doctrine and Doctrine factors: Doctrine and no record of criminal punishment) and the criteria for suspension of execution: Where death occurs, the violation of signal signals, the reasons for affirmative consideration, and the records of criminal punishment.