Defendant shall be punished by imprisonment without prison labor for ten 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 of a C Poter cargo vehicle.

On February 22, 2018, the defendant, around 12:10, was driving the above cargo at the three-distance intersection in front of the village in the Yannam-gun, Yannam-gun, Yannam-gun, and made the left turn to the left at the seat of the Yansan-do.

At that time, there were three-distance crossings without signal lights, so there was a duty of care to view the passage of the intersection prior to the entry into the intersection to the driver, and to prevent accidents in advance by yielding the course to the other vehicle, if there is another vehicle seeking to go straight on the intersection.

Nevertheless, even though the defendant neglected this and showed that the motor device device of the victim D (the remaining and 75 years old)'s driver's bicycle enters the intersection in order to go directly from the area where the area is located in the area of yellow mountain area, the defendant caused the victim to die on the left side of the motor device driver's seat part of the victim's bicycle driving on the side of the defendant's driver's vehicle and caused the victim to die by a multiple long-term engine, etc. on the job.

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 an investigation report on the actual condition of a traffic accident;

1. A corpse inspection report and a corpse inspection report;

1. Application of Acts and subordinate statutes on the scene of an accident, body pictures and evidence photographs;

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

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

1. The area where the sentencing criteria are applied [the scope of recommended punishment] and the area where the sentencing criteria are mitigated by two types of general traffic accidents: April to one year (the area where the punishment is not imposed by a special mitigation) of imprisonment without prison labor for a credit cooperative;

2. The defendant's negligence in the decision of sentencing led to a result that he could not take care of the victim's death even though he was the victim's death.

The defendant has a duty of care in the course of entering the intersection.