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

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

Criminal facts

The defendant is a person who is engaged in driving of C treatment 25 tons of truck trucks trucks.

On February 17, 2018, the Defendant driven the above cargo vehicle around 12:00, and moved the front road of Songpa-gu Seoul Metropolitan Government D to the 21km of Simn-do from the west-gu Investigation Distance to the breadth of tin-do.

On the other hand, there was an intersection installed at the front of the road, so if a person engaged in driving of a motor vehicle is bypassing the pedestrian signals, he/she has a duty of care to check whether he/she is a person to walk the crosswalk and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this and did not discover the victim E (V, 28 years old) who passed the crosswalk with the bicycle in accordance with the pedestrian signals, and instead failed to find the victim E (V, 28 years old), and got the front part of the above bicycle as the front part of the above cargo vehicle and let the victim go beyond the ground, and led the victim to go beyond the front part of the above bicycle, and the part of the victim's body with the wheels of the above cargo.

As a result, the Defendant had the victim receive medical treatment by his occupational negligence in Songpa-gu Seoul Olympic Games 43-h 88, Songpa-gu, Seoul Asan Hospital.

2. Around 22:54, the death was caused by brain death.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. A death certificate;

1. Application of body photographs, vehicle photographs, and on-site photographs statutes;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the traffic crime group, general traffic accidents, and type 2 (the death of a traffic accident) [the person who is subject to special sentencing] mitigation factors: the person who is not subject to punishment [the person who is subject to general sentencing] aggravation factors: Article 3(2) of the Act on Special Cases concerning