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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of a sealed truck B.

On October 25, 2020, the Defendant driven the above cargo vehicle around 08:10 on October 25, 2020, and proceeded to turn to the left at the right edge of the administrative welfare center, i.e., the fixed class of the 1384 Go-si, South Won-si.

Inasmuch as there are frequent traffic of pedestrians, there was a duty of care to thoroughly see the front door for those engaged in driving of the motor vehicle and operate the steering wheel and brakes accurately and safely.

Nevertheless, the Defendant was negligent in neglecting such duty of care, and the Defendant received the body of the victim C (Woo, 86 years old) who was standing the above bridge from the front side of the Defendant’s mother to the front part of the Defendant’s cargo vehicle, and had the victim go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence in the emergency room of the E hospital located in the Namwon-si, Namwon-si, where the victim was under transmission treatment at around 08:53 on October 25, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A death diagnosis report or postmortem report;

1. Application of accident scene and vehicle photographs-related Acts and subordinate statutes;

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 the selection of imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “reasons for sentencing”)

1. Scope of punishment by law: One month to five years of imprisonment without prison labor;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited to the scope of the recommended punishment [the scope of the punishment [the area of recommendation and the scope of the punishment], the area of mitigation of the punishment [the area of recommendation and the scope of the punishment], and four months through one year.

3. Determination of sentence: Ten months of imprisonment without prison labor and two years of suspension of execution, taking into account the following circumstances: