The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The Defendant did not breach occupational duty of care.

B. The instant case by misapprehending the legal doctrine is a case in which a victim cannot be prosecuted against the clearly expressed will of the victim. Since the victim died and his bereaved family expressed his intention not to prosecute the Defendant, the instant prosecution should be dismissed.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant was trying to stop at a bus stop located on the roadway adjacent to India while driving a bus, and the defendant was faced with the victim who was standing on the right roadway due to the front part of the bus. Thus, the defendant, who could sufficiently recognize the existence and behavior of the victim, and the situation of the road, violated the duty of care to prevent the accident in advance by operating the steering gear and brakes accurately and safely according to road traffic conditions, and therefore, the accident in this case occurred.

Therefore, the defendant's above assertion is without merit.

B. In light of the legal principles, the heir cannot express his/her wish not to punish the victim on behalf of the victim after the victim died (see Supreme Court Decision 2010Do2680, May 27, 2010). Thus, even if the bereaved family members of the instant victim expressed their intention not to have the criminal punishment, it cannot be deemed that the victim expressed his/her wish not to have the criminal punishment.

Therefore, the defendant's above assertion is without merit.

C. In full view of the following: (a) all of the conditions of sentencing specified in the records and arguments of unreasonable sentencing in the instant case; and (b) the Defendant did not have a criminal record of imprisonment without prison labor or more; (c) the victim was at considerable negligence in the occurrence of an accident; and (d) the victim

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