Defendant shall be punished by imprisonment without prison labor for six 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 Hansung 4.5 ton fluor and cargo vehicles.

On June 29, 2018, the Defendant driven the above cargo vehicle around 04:15, and operated 48.5 km along the south of Chuncheon-si, Seoul Yangyang Highway at a speed of about 80 km per hour, depending on the two-lanes from Seoul Seaside to the two-lane.

In this case, there was a duty of care to prevent accidents by accurately operating the steering system of the cargo vehicle and by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected to drive his vehicle due to the malfunction of the vehicle at the two-lanes of the same direction, and found that the E treatment 25 tons of the D (62 tax) which stopped due to the malfunction of the vehicle, was delayed, and the Defendant was found to have received the rear part of the truck loaded in front of the freight of the Defendant’s driving because he failed to avoid it.

Ultimately, the Defendant’s occupational negligence caused the death of the victim F (V, 66 years of age) who was on board the Defendant’s driving vehicle, who was sent to an emergency room at the Gangwon University Hospital in the same day due to the pelvise of the bones, etc., and was under medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Act and subordinate statutes of the inspection protocol, a survey report, a photo at the scene of an accident, a CD-recording image image of a household-related vehicle, a photo-recording image of a black stuff, a death certificate (F), a photo of a deceased person, and an examination protocol;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. 수강명령 형법 제 62조의 2 양형의 이유 피고인이 충격한 차량이 비상 등만 켠 채 고속도로에 정차 중인 차량이었다는 점 및 사고 시각이 야간이라는 점을 감안하더라도 피고인은 고장차량이 있음을 멀리서도 알 수 있는 직선 구간에서 위 차량을 피하여 운행하는 데...