Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

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

At around 14:00 on June 3, 2016, the Defendant driven the above van, and proceeded from the east-gu, Yeongg-gu to the Kagdong-gu, Young-gu to the Kagdong-gu, Jari-gu.

In such cases, the driver of the vehicle has a duty of care to ensure the safety distance that can avoid when the vehicle stops, and to prevent the accident in advance by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected this and did not secure the safety distance and got the back part of the above SM5 vehicle as the front part of the Defendant’s cab while driving, and due to the shock, the Defendant got the victim E (52 years old) who walked on the left side of the road while keeping the Defendant’s van on the left side.

Ultimately, the Defendant caused the death of the victim in his job by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Traffic Accidents (Type 2 (Type 4-1 year) [Special Mitigation] [including efforts to recover damage] / Decision of sentence] Defendant is against the victim, serious consequence of the victim’s death occurred, but the bereaved family agreed with the victim’s bereaved family members. The bereaved family sought a prior action against the defendant. The defendant has a history of having been sentenced to suspended sentence in 2008 as the previous case and there was no previous criminal record, the defendant’s age, character and conduct, and environment.