The punishment of imprisonment without prison labor for defendants shall be determined by eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving C tourist buses.

On September 22, 2017, the Defendant driving the above bus around 19:50 on September 2, 2017, and driving the five-lanes in front of the church in the world in accordance with the south-gu Seoul Metropolitan City of Gwangju, along the two-lanes away from the 2-lanes road to the 5-lanes road, and due to occupational negligence, the Defendant neglected to perform the duty of front-way drinking on the 5-lanes of the road, thereby causing the victim D (84 years old) crossing the crosswalk that does not contain any signal to the right side from the left side of the Defendant’s running direction, thereby causing the victim’s death from multiple long-term damage to the road immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs photographs, such as a traffic accident report and accident scene;

1. A comprehensive analysis of traffic accidents;

1. Application of Acts and subordinate statutes to death certificates;

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. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the area where the reduction area (from April to one year) is mitigated (the number of persons subject to special mitigation] of the two types of general traffic accidents;

2. According to the decision of sentence, comprehensively taking into account all the sentencing conditions in the instant case, such as the circumstances as the Defendant’s age, sex, environment, the background and result of the instant crime, and the circumstances after the commission of the crime, the sentence shall be determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant is insured by the comprehensive automobile insurance.

The bereaved family members of the victim do not want to punish the defendant.

Defendant has difficulties in maintaining his/her livelihood.

A disadvantageous condition: The defendant has committed a serious consequence of the victim's death in violation of his duty of care in the crosswalk.