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.

Punishment of the crime

The defendant is a person who is engaged in the operation of bus B.

On March 14, 2016, at around 11:17, the Defendant proceeded along the way near the 308 East-dong, Seodong-dong, Sungdong-dong, Sungnam-si, Sungnam-si, with three-lanes of the central park protection area from the remote distance protection area to the central park protection area.

At all times, there was a duty of care to thoroughly operate the victim C(64) and to prevent accidents by accurately manipulating the operation and steering gear of the vehicle in such a case.

그럼에도 불구하고 피고인은 이를 게을리 한 채 졸음 운전을 한 과실로 전방에서 진행 중인 피해자가 운전하는 경운기 뒤 부분을 피고인 차량 앞 범퍼 부분으로 들이받아 피해자로 하여금 경운기 밖으로 튕겨 나가게 하였다.

Ultimately, the Defendant caused the death of the victim due to the cerebral paralysis in the E hospital located in Sungnam-gu, Sungnam-si, where the victim was under treatment after around April 1, 2016 due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Protocol of inspection;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (which reflects the nature of a fine, has no previous conviction or heavier than a fine, and which is agreed upon with bereaved family members and the bereaved family members);

1. An order to attend a course under Article 62-2 of the Criminal Act;