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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 10, 2014, the Defendant, who is engaged in driving C buses, driven the above bus on or around 06:30 on January 10, 201, led to a five-lane road of 575 lanes, as Seoul Special Metropolitan City Gwangjin-gu, to proceed at a speed of about 72 km each other, a central bus line for bus exclusive, from the east-dong to the military intersection.
At the time, there are bus stops at the center of the central bus line that is exclusively used for buses, and crosswalks are installed. Therefore, the driver of a motor vehicle has a duty of care to check whether there is a person to reduce speed and to check the front door well and prevent accidents in advance.
Nevertheless, the defendant neglected to do so and found the victim D (at the age of 39) who was standing above the crosswalk on the right side of the defendant's proceeding direction at the right side of the defendant's proceeding, and operated the hand to the left side to avoid this. However, the defendant did not avoid it and received the head part of the victim's head in front of the right side of the bus.
Ultimately, around January 14, 2014, around 15:10 on the above occupational negligence, the Defendant caused the victim’s death by the multiple organ function transfer, etc. at the F Hospital located in the same Gu E.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes to the traffic accident report, death diagnosis report, and autopsy report;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Punishment concerning Criminal Facts, Article 268 of the Criminal Act 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. 양형기준상 권고형의 범위 : 금고 4월 ∽ 10월 [교통범죄군, 일반 교통사고, 제2유형(교통사고 치사), 감경영역(피해자에게도 교통 사고 발생 또는 피해 확대에 상당한 과실이...