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

However, the execution of the above punishment shall be suspended for a period of 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 as a Tractor B.

On July 28, 2016, the Defendant driven a Trackor around 08:25 on July 28, 2016, and moved the roads in front of the long-distance of 677, as the Defendant wishes to do so, from the boundary of the Southern Police Station to the boundary of the port of port.

In such cases, the driver has a duty of care to take the front and left side well and to prevent accidents in advance by accurately operating steering steering devices and brakes.

Nevertheless, the Defendant neglected this and neglected it and caused the victim to go beyond the ground by taking the right side of the victim C(70) driving bicycle running along the crosswalk from the right side of the defendant's running direction to the right side of the crosswalk.

After all, the defendant caused the death of the victim due to the above occupational negligence in his workplace with two severe injury.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the survey report and death certificate;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of recommending punishment] general traffic accidents, the area where the reduction area (from April to October) is mitigated (the person who is subject to special sentencing] is not subject to punishment;

2. According to the rulings of sentence, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the sentence as above.

Unfavorable circumstances: The accident of this case resulted in a serious result of the victim's death.

The degree of violation of the duty of care of the defendant is very serious.

A favorable condition: The defendant is a victim.