1. The defendant shall be punished by imprisonment without prison labor for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On July 22, 2016, the Defendant driven the above vehicle on July 22, 2016, and led to two-lanes of the two-lanes adjacent to the filial age, elderly welfare center in Gwangju Northern-gu.

At the time, there was night and there was a section of 60 km speed at that time, so in such a case, a person engaged in driving service has a duty of care to prevent accidents by complying with the speed limit, properly seeing the steering direction and operation of the steering gear, and accurately manipulating the steering gear.

Nevertheless, the Defendant neglected this and got a bicycle driving the victim D(W, 74 years old) who was proceeding in the front of the Defendant’s vehicle due to negligence of driving about about 109 km speed at a speed of about 49 km per hour.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to symptoms, scarcity, damage to the body, etc. in the workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to survey reports on actual condition, autopsy reports on corpse, and photographs related to accidents;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommendation according to the sentencing guidelines: Imprisonment without prison labor for a period of four months from April to one year, and special mitigation in the mitigation area of traffic accidents in general: A person who is subject to a mitigation area: A person not subject to punishment;

2. Determination of sentence: Determination of sentence of imprisonment without prison labor for one year, two years under suspension of execution, as well as all the conditions of sentencing as shown in the pleadings of this case, including the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, shall be determined as ordered.

A disadvantageous condition: The victim dies due to the instant accident.