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

Punishment of the crime

The Defendant is a person engaging in driving service of B concrete mixed truck construction machinery.

On March 22, 2016, the Defendant driven the above construction machinery at around 09:35, and proceeded two lanes in front of the three-lane distance from the sloping to the sloping.

In this case, a person engaged in driving service has a duty of care to accurately operate the steering system, brakes, and other devices of the vehicle, and to drive the vehicle according to the structure and performance of the vehicle.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the Defendant, followed by the Defendant’s negligence, brought the Victim into the floor by shocking the DITI100 Oba in the operation of the Victim C (V, 59 years old), which was proceeding to the same direction as the Defendant’s proceeding, and led the Victim to the right side of the construction machinery.

Ultimately, the Defendant caused the victim to die immediately from the above occupational negligence to the multiple long-term father at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of Acts and subordinate statutes to a report on investigation (report on the analysis of screen pictures of traffic accident films);

1. The relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act [the scope of recommended punishment] There is no person [the person who is subject to special sentencing] in the basic area (8 months to 2 years) [the person who is subject to special sentencing] [the decision of sentence] of the defendant, the first offender is recognized, the defendant deposits 5010,000 won in total against the victim's bereaved family members, and the fact that the damaged vehicle is covered by the comprehensive motor vehicle insurance. However, there are no favorable circumstances such as the victim's death, etc., but the victim's bereaved family members are not easy to commit the crime due to the instant accident.