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

Punishment of the crime

The Defendant is a person who is engaged in driving of Cone Star 6 Track trucks.

On July 26, 2015, the Defendant driven the above cargo vehicle around 06:08, while driving the national highway No. 59 on the Gcheon-si, Kimcheon-si with the opening of the national highway No. 59 on the Myeoncheon-si, Kimcheon-si, and tried to overtake the D Poter cargo vehicle that had been driven prior to the same lane.

At this point, the ndro-ray is a one-way road in which the center line of the yellow-ray is maintained, and in such a case, the driver of the motor vehicle has a duty of care to operate the motor vehicle safely along the lane without thoroughly harming the front line and not harming the center line.

Nevertheless, the Defendant neglected this and got the front part of the victim's driver's driver's license, who had been passing the front vehicle due to the negligence of breaking the center line as it is, received the front part of the victim's driver's license in front of the left side of the cargo vehicle.

Ultimately, at around 06:555 on the same day, the Defendant caused the victim to die due to serious cerebral injury in the emergency room of Gacheon-si Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of H;

1. A written statement of I;

1. A report on the occurrence of a traffic accident, a report on actual condition, on-site photographs, and photographs of a changeer;

1. Application of Acts and subordinate statutes of a death certificate;

1. The relevant provision of criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 4 of the sentence for sentencing of imprisonment without prison labor sentence in 1988, 6 months of imprisonment due to drinking and unlicensed driving in 2007, 2013, and 3 years of punishment due to violent and traffic crimes, 2013, and 4 years of suspended sentence, and 2 years of suspended sentence, should have a large number of penalties due to traffic crimes, if any, after the median of the central line, they should have given up the overtaking and returned to their own lane by reducing their speed.