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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who drives a C concrete mixed truck as his/her duties.

On May 18, 2016, around 10:30 on May 18, 2016, the Defendant driven the above concrete mixed truck, and stopped in accordance with the stop signals in front of the bus stops located in the 2nd window 1039-18 in a shooting reduction and exemption 1039-18 at the time of cremation.

In this case, there was a bus stop on the right side of the road, and there was a house on the left side of the road, so in such a case, there was a duty of care to check whether there was a person engaged in driving duty who is well examined the right side before starting, and to prevent accidents in advance by driving safely.

Nevertheless, the defendant neglected this and got the body of the victim D (n, 79 years old) who crossed the road from the right side of the above truck that he drives to the left side of the road due to his negligence, and let the victim go beyond the road, and caused the victim to die by two damage from the seat.

Summary of Evidence

1. Partial statement of the defendant;

1. A death certificate;

1. On-site and victim photographs at the time of the accident;

1. Application of Acts and subordinate statutes reporting investigation results;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] is the case where the victim was at considerable fault in the occurrence of traffic accidents or the expansion of damage (including efforts to recover damage) in the area of special mitigation (two months to one year) (special mitigation) [the victim] under Article 62(1) of the Act on the Suspension of Execution. The main reason for sentencing under Article 62(1) of the Criminal Act is that the victim's death was caused due to the defendant's violation of the defendant's duty of ex officio and ex officio guidance, the defendant is against the defendant, and the victim's negligence is also part of death.