Defendant shall be punished by imprisonment without prison labor for one year.

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 B 2 cargo vehicles.

On May 7, 2019, the Defendant driven the above vehicle at around 07:45, and proceeded one-lane road in the vicinity of the Buan-gun C, Seoan-gun, Seoul, into the Myeongjin-gun, Jinan-gun, Jinan-gun.

Since this was a hond road, the driver of the vehicle has a duty of care to keep the driver of the vehicle from getting on the hond, driving the steering gear and brakes in a safe manner by accurately manipulating the steering gear and the steering gear, and to avoid getting on the hond of the vehicle when the driver of the vehicle loaded the cargo at a risk of falling due to the trace or shock of the vehicle.

Nevertheless, the Defendant neglected this, while boarding a vehicle loaded with the victim D (the age of 72) while neglecting it, failed to accurately operate the steering gear without putting the steering gear at a proper view, and made a round, and the victim fell into the road floor due to its shock.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence, which was receiving treatment at the emergency room of the E Hospital in Kim Jong-si on the same day at around 09:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. A written statement;

1. The actual survey report and the on-site evidence of a traffic accident;

1. A death diagnosis certificate (D);

1. Report on internal investigation (Details of telephone conversations between the chief passenger of the Ma1 Vehicle and the senior passenger);

1. Application of Acts and subordinate statutes to investigation reports (the contents of telephone conversations between the first reporter and the first reporter);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The range of recommending punishment according to the sentencing guidelines: The general traffic accident [Type 2] shall be subject to special mitigation, and the imprisonment without prison labor for two to one year.