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

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

Punishment of the crime

The defendant is a person who is engaged in driving C and III cargo vehicles.

On February 11, 2016, the Defendant driven the above cargo vehicle around 23:17, and proceeded at a speed of about 65 km at the speed of about 65 km of the king-Jak-dong, Hocheon-do, Jincheon-do, at the speed of high speed from the 10-lanes to the 6-lanes of the 10-lanes, which is the lower-speed road of the 10-lane.

At all times, it is the traffic section of the charge with a limit of 30km and the night time is getting off at the time, so a person engaged in driving a motor vehicle has a duty of care to properly operate the steering on the front right and the right, and to properly operate the steering and operating the steering gear, while driving the motor vehicle at a speed of 20% lower than the speed limit.

Nevertheless, the Defendant neglected to drive the vehicle and found the victim D ( South, 19 years old) who was crossing the vehicle to the right side from the left side of the Defendant’s direction due to the negligence of driving more than 41 km than the speed limit, and then received the victim as the front part of the cargo vehicle of the Defendant.

Accordingly, the Defendant caused the victim by occupational negligence by causing the victim to die with multiple organ damage at the Hanyang-ro, 170-ro 170, Ganyang-si, Ganyang-si, which was sent after around 00:32 on February 12, 2016 and was under treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of the police interrogation of the accused, and a written statement of the person involved in the traffic accident against the accused;

1. A traffic accident analysis and appraisal report;

1. Application of a death diagnosis certificate (D) and Acts and subordinate statutes governing site photographs of accidents;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. Defendant and his defense counsel’s assertion

A. The defendant does not violate the speed limit on the small section of the charge, and the road in question is part of the expressway.