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Defendant shall be punished by imprisonment without prison labor for ten 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.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving of C urban buses.
On August 28, 2016, the Defendant driven a bus around 17:20 on August 28, 2016, and proceeded bypassing the road of about 4 lanes in front of the E resting area D located in the Yansan-gu, Jeonju-si, from the side of the front-gun, to the intersection of about 30km each hour.
Since a crosswalk is not installed on the front side of that place, there is no signal signal, the driver of the vehicle has a duty of care to safely drive the crosswalk after checking whether there is a pedestrian.
Nevertheless, the Defendant neglected to do so and did not discover the Victim F (F (F, 54 years of age) with which the crosswalk was cut off, and received the victim from the front part of the bus and caused the victim's death in the H hospital located in Y-gu Seoul Special Metropolitan City, 21:13 on the same day by taking advantage of the front part of the bus and causing the victim's death.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. A medical certificate of death or reply to a request for appraisal;
1. Photographss and site images of the vehicle involved in an accident, and photographs of the vehicle;
1. Application of the Acts and subordinate statutes governing black boxes and video CDs;
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, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture [the scope of the recommended punishment] Article 62-2 of the Criminal Act provides two types of general traffic accidents (the death of traffic accidents) [the person who has been specially mitigated] [the range of sentence comparison between punishment and recommendation: four months to one year [the sentence] Article 4-1 year [the sentence] Article 62-1] Article 62-2 of the order to attend a lecture : heavy negligence (the violation of the duty to protect pedestrians at the crosswalk) while the victim died, the occurrence of the same criminal record (the violation of the Special Act on the Settlement of Traffic Accidents)