교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for one year.
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 engaging in driving a bus of CFX120.
On March 9, 2015, the Defendant continued at a speed of about 50 km from the right edge to the right edge of the Telecommunication High School at a speed of about 50 km from the right edge to the right edge of the three-lane intersection in which a signal, etc. is installed, at the speed of 08:40 square meters from the right edge of the city.
However, at the time, the direction signal is the stop signal, and the crosswalk is installed on the front side, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle, such as stopping according to the name of the person who is engaged in driving the motor vehicle and driving the motor vehicle by examining the existence of pedestrians on the crosswalk and the situation
Nevertheless, the Defendant neglected this and got the victim D (the age of 14) who was on the right side of the road along with the pedestrian crossing signal to the left side of the direction of the road when he proceeded in contravention of the signal as it is, and got the victim D (the age of 14) on the left side of the bus.
Ultimately, the Defendant caused the victim to die due to the above occupational negligence on the 25th day of the same month at the Goyang-si Hospital located in 170, Goyang-gu, Solsan-ro, U.S., U.S., which was under the after-the-job treatment at around 23:13 of the same month.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. The application of the actual condition survey report, death diagnosis report, each investigation report, and the application of statutes on site photographs;
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, and Article 268 of the Criminal Act.
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act and Article 59 of the Act on Probation, etc.;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Application of the sentencing guidelines (decision of type), traffic crimes, general traffic accidents, death of traffic accidents (type 2) (special sentencing) [the range of recommending punishment] mitigated area; and