1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

The defendant is a person who is engaged in driving a C-wing truck of one ton of cargo.

On September 26, 2015, around 10:35, the Defendant driven the front road of E in Kimhae-si, Kim Jong-si, and led the Defendant to drive the said truck at a speed of about 60km in the speed of 1:0 meters from the outer distance range to the outer distance range of the road of F, which is about 60km.

At the same time, since the above-road vehicles and pedestrians appear well on the road, the driver of the motor vehicle had a duty of care not to drive the motor vehicle at a speed or in such a way as to inflict any danger and injury on others according to the road traffic situation and the structure and performance of the motor vehicle by accurately operating steering devices, brakes and other devices.

Nevertheless, the Defendant neglected this and failed to accurately operate the brakes without accurately examining the front door and the left door of the truck, which led to the Defendant’s failure to walk up the road from the right side of the truck driving direction to the left side, and brought down the Victim G (M, 83 years old) as the above truck.

Ultimately, the Defendant caused the victim to die from an emergency room of the Bowon Medical Foundation Kim-hae Hospital, which was located in 94-8, in the course of the transmission treatment after around 12:58 of the same day, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A death certificate;

1. Application of CD-related Acts and subordinate statutes

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is based on the driving of the Defendant’s careless, leading to the death of the victim, and thus, the Defendant’s liability for the crime is not weak.

However, the negligence of the victim seems to have affected the accident of this case, and the defendant is the bereaved family of the victim.