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 became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in the operation of Cone Star Cargo Vehicles.

On October 17, 2015, the Defendant driven the above vehicle at around 18:10, and proceeded at a speed of about 43 km at the speed of about 43 km in the front of Samsung Digital Fladr, which is located in the 74-lane Chyeong-gu, Seoul, Chungcheongnam-gu, Chungcheongnam-do, Seoul.

At the same time, a bicycle driven by the victim D (D, 57 years old) is rhymd from the two-lane to the one-lane, and in such a case, the driver has a duty of care to safely drive the bicycle in order to avoid collision if the bicycle enters a one-lane by accurately operating the steering side and the steering system.

Nevertheless, the defendant neglected this and did not discover the above bicycle that enters the two lanes from the front side of the above vehicle and proceeded without finding it, and caused the victim to reach the left side of the front side of the above vehicle of the defendant, and caused the victim to go beyond the road along with the bicycle.

Ultimately, the Defendant caused the death of the victim by occupational negligence in the Cheongju Hospital, which is located in the Cheongju-si, on October 22, 2015, at around 16:43, due to the death of the victim at the Cheongju-si Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness statement of E;

1. A survey report on actual condition and a comprehensive traffic accident analysis report;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment recommended according to the sentencing criteria and the scope of general traffic accidents shall be limited to the mitigated area (the number of months to one year, the number of years to one year, and the number of efforts to recover from damage);

2. The occurrence of a serious result of the death of the victim in the decision of sentence;