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

However, the execution of the above punishment shall be suspended for 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 a 13 ton excavation aircraft B.

On August 29, 2016, at around 06:33, the Defendant driven the above sofaculation, and driving the four-lane road in front of D in front of D in Busan Dong-gu, Busan, along three-lanes, at a speed of about 25km in the speed of the permanent intersection, the Defendant got the victim E (the age of 53) who cross the crosswalk from the right side of the crosswalk to the right side of the crosswalk due to the occupational negligence, disregarded the vehicle stop signal and proceeded as is, while driving the road at a speed of about 25km, according to three-lanes toward the permanent intersection.

At around 06:56 of the same day, the Defendant caused the victim to die due to damage to the two parts and chests at the Busan National University Hospital located in Seo-gu, Seo-gu, Busan National University on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Investigation report (Confirmation of accident place);

1. Application of Acts and subordinate statutes concerning autopsys;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Selection of alternative imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general traffic accident category II (the scope of the recommended sentence] and the basic area (the period between August and two years) (including the person who is specially mitigated), the penalty not (including the serious effort to recover the damage) / Cases where illegality in the proviso (excluding subparagraph 8) of Article 3 (2) of the School Specialized Law is serious, or the case of climatic driving;

2. The sentence of the same punishment as the sentence shall be imposed in consideration of the fact that the defendant was negligent in committing the instant accident and even though the result of the commission of the crime exceeds the fine, comprehensive insurance is covered, that the victim has agreed with his/her bereaved family members, and that his/her depth is reflected;