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 dump truck driving.

On January 16, 2013, the defendant driving a dump truck above 16:05, which led to the two-lanes of the road in front of the river station located in Suwon-dong, Suwon-gu, Busan to the boundary of the network intersection, depending on one lane.

At the time, the Defendant stopped in line with the stop signal in front of the crosswalk where signal lights are installed, and there is a high possibility that there is a person who intends to build the road even after the completion of the pedestrian signal in the crosswalk, so in such a case, the person engaged in driving the motor vehicle has a duty of care to view the front side and to prevent the accident by driving the motor vehicle safely in accordance with the new code.

Nevertheless, even though the Defendant neglected this and did not change to a vehicle signal, the Defendant did not find out that dump truck C (V, 80 years old) started by negligence and did not enter the course of a dump truck to cross the road at the time of the completion of pedestrian signal, and did not receive the victim from the front part of the dump truck and served as the shocker.

The Defendant caused the death of the victim due to the above occupational negligence due to damage to the pressure of head, breast, and ship at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

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 on the stay of execution (i.e., the penance, the vehicle involved in a comprehensive insurance policy is involved, and 12 million won has been paid to the injured party);

1. Social service order under Article 62-2 of the Criminal Act;