교통사고처리특례법위반
Defendant shall be punished by imprisonment without prison labor for eight months.
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 the operation of bus B.
On March 14, 2016, at around 11:17, the Defendant proceeded along the way near the 308 East-dong, Seodong-dong, Sungdong-dong, Sungnam-si, Sungnam-si, with three-lanes of the central park protection area from the remote distance protection area to the central park protection area.
At all times, there was a duty of care to thoroughly operate the victim C(64) and to prevent accidents by accurately manipulating the operation and steering gear of the vehicle in such a case.
그럼에도 불구하고 피고인은 이를 게을리 한 채 졸음 운전을 한 과실로 전방에서 진행 중인 피해자가 운전하는 경운기 뒤 부분을 피고인 차량 앞 범퍼 부분으로 들이받아 피해자로 하여금 경운기 밖으로 튕겨 나가게 하였다.
Ultimately, the Defendant caused the death of the victim due to the cerebral paralysis in the E hospital located in Sungnam-gu, Sungnam-si, where the victim was under treatment after around April 1, 2016 due to such occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to F;
1. Protocol of inspection;
1. A traffic accident report;
1. Application of Acts and subordinate statutes of a death certificate;
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. Article 62 (1) of the Criminal Act on the suspension of execution (which reflects the nature of a fine, has no previous conviction or heavier than a fine, and which is agreed upon with bereaved family members and the bereaved family members);
1. An order to attend a course under Article 62-2 of the Criminal Act;