Text
The sentence of imprisonment without prison labor for defendants shall be determined by one year.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in the operation of a bus for smooth traffic in C.
On November 12, 2017, the Defendant driven the above bus around 18:35 on November 12, 2017, and proceeded with the crosswalk of the E pharmacy located in Gwangju-gu, Seo-gu, about the direction toward the e-mail from the shooting distance.
The place is a place where traffic is controlled by signal apparatus, and a person engaged in driving service of a motor vehicle has a duty of care to observe the vehicle signal and to prevent accidents in advance by accurately manipulating the steering direction and brake system before and after the vehicle signal.
Nevertheless, the Defendant neglected this and caused the damage to the front part of the Defendant’s driving vehicle in front of the Defendant’s driving vehicle, which was driven by the victim F (V, 35 years old) who was driving the above crosswalk in accordance with the pedestrian green signals due to the negligence of the Defendant’s negligence in contravention of the signal.
Ultimately, around November 17, 2017, around 22:15, the Defendant caused the death of the victim due to the foregoing occupational negligence by pressure on brain at the 365 Joseon University Hospital in Gwangju-dong, Gwangju-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with H;
1. A traffic accident report, on-site inspection report, and on-site photographs;
1. An investigation report (including an investigation into, a CD for, a violation of signal at the time of an accident);
1. Application of Acts and subordinate statutes of a death certificate;
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 as favorable to the punishment):
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. Where the illegality of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is heavy among the basic areas (eight months to two years) (the person subject to special mitigation] that is not subject to punishment (the person subject to special aggravation] of Article 3 (2) (excluding subparagraph 8) of the Act on Special Cases of the Republic of Korea;
2. The circumstances under which the sentence of sentence is rendered, and the age, sex, and environment of the defendant.