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

However, the execution of the above punishment shall be suspended for 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 a string and freight vehicle B.

On August 20, 2019, the Defendant operated the above cargo vehicle around 04:37, and changed the lane to one lane while driving the four-lane road in front of Songpa-gu Seoul Metropolitan Government from the military hospital room to the four-lane distance.

At the time, since it is at night, a person engaged in driving of a motor vehicle has a duty of care to safely change the vehicle line by taking into account the traffic situation of the front and rear left.

그럼에도 불구하고 피고인은 이를 게을리 한 채 불법유턴을 하기 위하여 급하게 1차로로 차선을 변경한 업무상 과실로, 1차로를 따라 정상 진행하던 피해자 D(64세)가 운전하는 E K5택시의 앞 범퍼부분을 위 화물차의 좌측 뒷바퀴 부분으로 들이받아 피해 택시가 반대 차선으로 튕겨져 인도에 있는 가로수와 충돌하게 하였다.

Ultimately, at around 05:22 of the same day, the Defendant caused the victim to have the above occupational negligence and caused the victim's scarbly death at G Hospital located in Songpa-gu Seoul Metropolitan Government F.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual conditions, reports on the occurrence of traffic accidents, and records on the measurement of drinking;

1. A death certificate;

1. Application of Acts and subordinate statutes governing witnesses' black stuff photographs and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

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

1. Reduction elements of traffic accident (type 2) resulting from (type 2): Reduction elements according to the sentencing guidelines (the area of recommendation and recommendation) and reduction range of punishment and reduction range (the scope of recommendation and recommendation range) and April through one year;

2. Circumstances disadvantageous to a sentence: The negligence of the defendant with respect to the instant traffic accident is relatively heavy, and thus, the death of the victim is a serious reason.