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

except that 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 B 2 cargo vehicles.

On August 28, 2014, at around 09:08, the Defendant driven the above cargo vehicle and proceeded with the sidewalk to enter the road from the front parking lot of the D Building in Guro-gu Seoul Metropolitan Government to the road.

Since it is a report, there was a duty of care to safely drive a motor vehicle by checking whether there is any person, etc. who has passed a report by checking the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and got the victim to go beyond the floor by taking the left part of the bicycle driven by the victim E (the aged 75) who was driving on the right side of the sidewalk due to the negligence of driving the bicycle on the left side.

As a result, the Defendant caused the death of the victim due to cerebral mas, etc. at the Hannam University Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government New-ro, Yeongdeungpo-gu, Seoul, on September 6, 2014, where the victim was under the follow-up treatment at around 08:18 of the aforesaid occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

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 selection of

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is that there is no person who has the basic area (eight to one year and six months) of the two types of traffic accidents (the special form of punishment) [the decision of sentence] [the defendant's death] in light of the fact that the defendant's negligence and the result of damage are serious, the defendant's death caused by shocking the victim who was getting on a bicycle and getting on a bicycle, not the liability for the crime is minor, but the defendant's act is recognized and against the victim, the fact that the defendant has agreed with the victim's bereaved family members, and all the other factors of sentencing are considered.