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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.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving buses C.
On October 6, 2017, the Defendant driven the above bus around 15:00, and proceeded with the intersection of parcels located on the local folklore of the area of Jindo-gun, Jindo-gun, the area of which is located on the local folklore of the area of Jindo-gun.
Since there is no traffic signal apparatus, in such a case, the driver has a duty of care to safely drive the vehicle by reducing the speed prior to entering the intersection, confirming whether the vehicle has already entered the intersection, and passing through the intersection.
Nevertheless, the Defendant neglected this and was negligent in entering the intersection, which was driven by the victim D (55 years old) who has already entered the intersection, and was driven by the victim D(55 years old).
On October 8, 2017, the Defendant: (a) caused the death of the victim at the Ganpo Korean Hospital trauma patient care center located in 483 Sinpo-si, Sinpo-si around 16:30 on October 8, 2017 due to the above occupational negligence; (b) caused the death of the victim due to the ero
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A death diagnosis certificate (D);
1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;
1. Photographs of the scene of the accident and photographs of the dead body of a dead person;
1. Application of Acts and subordinate statutes to report internal investigation (the confirmation of CCTV around the scene of an accident, field investigation, etc.);
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 suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to one year). No punishment is imposed against a person who has been mitigated;
2. The defendant should be punished strictly in that the occurrence of a serious result of the death of the victim due to the accident in the instant case, but the defendant should be punished.