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

However, the execution of the above punishment shall be suspended for 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 vehicle to cut B, b, spoke, and to cut down.

On March 29, 2013, the Defendant driven the above cargo vehicle on March 19:25, 2013, and proceeded to the two-lane road of the three-lane national highways in front of the Oral-U.S. National Road located in Jinju City, at the time of Jinju, about a speed of about 80km from the mountain bank to the port-side bank.

Since there are various fields of roads bended by the direction and they are in poor visibility at night, the defendant engaged in driving of the motor vehicle has a duty of care to prevent accidents by reducing speed and thoroughly manipulating the steering gear and the operation of the steering gear in a correct manner.

그럼에도 불구하고 피고인은 이를 게을리 한 채 만연히 진행한 과실로 피고인의 전방 1차로 상에 서 있던 피해자 C(56세)을 미처 발견하지 못하고 위 화물차량 운전석 앞부분으로 피해자를 들이받아 그 충격으로 피해자가 튕겨 나가 도로 상에 떨어지게 하였다.

Ultimately, the Defendant caused the victim's death by occupational negligence, i.e., brain damage in the tin and e.g., cardio-cerebral shocks, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Statement of each traffic accident-related person;

1. A traffic accident report;

1. A written autopsy and appraisal;

1. Application of Acts and subordinate statutes on accident-related 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) is against the defendant, has been agreed upon with his/her bereaved family members, and the negligence

1. Social service order under Article 62-2 of the Criminal Act;