교통사고처리특례법위반
1. The defendant shall be punished by imprisonment without prison labor for six months;
2. Provided, That 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 the operation of bus B.
On April 1, 2015, the Defendant driven the above bus at around 14:05, and proceeded to turn to the left from the south, the way to turn to the right from the south, Sacheon-gu, Young-gu, Young-gu.
Since there are many places where the passage of vehicles and people is frequent, there was a duty of care to prevent accidents in advance by driving safely by keeping the front door and the left and the right of the person engaged in the driving of the motor vehicle with the duty of care.
Nevertheless, the defendant neglected this and did not look at the right side of the bus in a proper way, and did not discover the victim C (80 years old) who walked the road from the right side of the bus driving direction to the left side, and did not receive the victim from the front part of the bus driving by the defendant to go beyond the road.
Ultimately, at around 14:40 on April 1, 2015, the Defendant caused the death of the victim by the diversous shock shock from the emergency room of the Young-gu Indician hospital due to the diversical prolonged damage.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to a survey report on actual conditions, an accident site photograph, and a corpse inspection report;
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;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;
2. Scope of the recommended sentence according to the sentencing guidelines: Imprisonment without prison labor for a period between April and October, and the special mitigation area (from April to October) of the mitigation area (the death of a traffic accident) of the types of general traffic accidents: No penalty shall be imposed.
3. Determination of sentence: Six months of imprisonment without prison labor or two years of suspended execution, and the result of the death of the victim is very serious;
However, the defendant's depth is against the victim's depth, the fact that the victim's bereaved family and the defendant's driver's vehicle have agreed smoothly.