Defendant shall be punished by imprisonment without prison labor for one year.

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 a B4.5 tons truck.

On December 20, 2016, the Defendant driven the above vehicle at around 06:00, and led to the Seoul bank in accordance with the two-lanes between the two-lanes of the national highways No. 44 adjacent to the intersection of the nuclear road No. 44 located in the Gangwon-do nuclear road north-do, Gangwon-do.

At the same time, it was difficult for the person engaged in driving service to take up the speed and to safely check the traffic situation in the front.

Nevertheless, the Defendant neglected this and found the victim C (75 tax) who flicked a pipe of about 6 meters in length on the right side of the road due to the negligence of proceeding, and caused the damaged person to go beyond the road by shocking the pipe on the right side of the vehicle in the process of changing the lane to the first line.

Ultimately, the Defendant caused the victim’s death by occupational negligence as seen above due to a long-term damage to the victim’s occupation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on occurrence (the occurrence of a principal vehicle), a traffic accident report (1), a traffic accident report (2) - a survey report on actual condition, a report on occurrence of a change, a field photograph, a list of transit vehicles and photographs of vehicles before the accident, a response to a request for appraisal (the response to external blood transfusion of vehicles, pipe, victim's re-inspection), a response to a request for appraisal (the accident analysis appraisal report- vehicles and remains);

1. Application of Acts and subordinate statutes to death examinations and replys to requests for appraisal;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations type based on the sentencing criteria;

(a) Area where the death of traffic accidents is mitigated: 1 year from April to 1 - Special mitigation element: Punishment not to be imposed - General mitigation element: