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

However, the execution of the above punishment shall be suspended for a period of 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 Poter cargo vehicles.

On October 25, 2017, at around 11:10, the Defendant continued to turn to the left the left at about 20 km from the direction of the office of Gohap-Eup to the 3-Gu village of Sung-ri, Seo-ri, Seocheon-gun, Sin-dong, at a speed of about 11:10 square meters.

At the time, since the passage of a person and a vehicle is divided into an intersection in front of a bus stop where the passage of the vehicle is frequent, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as reducing the speed of the motor vehicle, maintaining the right and the left well, accurately operating the steering and brake system, etc.

Nevertheless, the Defendant neglected to do so and did not find the victim C (W, 86 years old) who was standing on the left side of the Defendant’s proceeding direction, and proceeded without finding out the victim C (W, 86 years old), and received the victim’s left side part of the back side of the cargo as the front part of the right side of the said cargo vehicle.

Ultimately, the Defendant caused the victim to die from the emergency room of the Yong-Namnam University Hospital located in Daegu-gu, 170 on the same day due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report and each traffic accident report;

1. A protocol of autopsy and a medical certificate of death;

1. Results from the reproduction of black stuffs and images;

1. Photographss of the scene of the accident, victim photographs, and black stuff images;

1. Application of Acts and subordinate statutes to report on investigation (the viewing of black stay images and confirmation of whether there is negligence by the defendant, etc.);

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

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

1. One month to five years of imprisonment without prison labor within a prison labor range;

2. The sentencing guidelines system shall be recommended; and