특정범죄가중처벌등에관한법률위반(도주치사)
The punishment of the accused shall be three years of imprisonment.
However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving C tourist buses.
On September 22, 2017, the Defendant driven the above tourist bus at around 06:42, and, in proceeding three-lanes in front of the front side of the front side of the Handong apartment complex in Gwangju Metropolitan City, the Defendant violated the duty of stop signal and pedestrian protection at the crosswalk in front of the front side of the front side of the front side of the Handong apartment complex in the Seoul Metropolitan City, by crossing the said three-lanes into the front side of the said road, and when the Defendant neglected his duty of front side due to negligence in the course of his duty, the head side of the victim D (85 years old) who walked along the crosswalk in accordance with the pedestrian name from the right side side of the said tourist bus, caused the death of the victim on the spot due to damage to the diversified nature, including the head side, and even if he stops immediately and does not take measures such as aiding the damaged person.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E and F;
1. G statements;
1. A traffic accident report;
1. Police seizure records;
1. A death certificate and a report on the results of the investigation of a dead body;
1. Investigation reports (operation systems, such as signal);
1. A criminal investigation report (verification of closed circuit images), each closed circuit image output;
1. Application of the statutes on photographing photographs, such as photographs, etc. at the scene of the accident, pictures of tourist buses, and victims;
1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (three to five years) of the three types (the escape after death or death or death) after traffic accidents (the escape after death or death or death) (the special mitigated person], and the non-execution of the punishment (the special mitigated person).