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1. The defendant shall be punished by imprisonment without prison labor for ten months;
2.However, the above imprisonment without prison labor shall be executed 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 C tourist buses.
On October 21, 2014, the Defendant driven the above bus around 20:15, and proceeded two lanes in two lanes, one complex of the island village village, 104 roads in the vicinity of the Do, Jung-gu, Seonam-gu, Sungnam-si, Seonam-do, and the village of 104 roads in front of the Do.
At the time, it is not good that the passage of ordinary vehicles and pedestrians is frequent and there are crosswalks where traffic is controlled by signal, etc. on the front door. In such a case, a person engaged in driving service was obliged to pay a duty of care to pass the crosswalk after checking whether there is a pedestrian who will immediately cross the crosswalk when the signal of the crosswalk is changed to red in the string color.
Nevertheless, when the signal of the crosswalk is a green flickering light, the defendant neglected this and did not see the victim D, which started to cut the crosswalk, and received the front part of the tourist bus operated by the defendant.
Ultimately, at around 00:10 on October 22, 2014, the Defendant caused the death of the victim due to acute flachissis while being under emergency treatment at a subdivision hospital located in the area of 59, Sungnam-si, Sungnam-si, in the foregoing occupational negligence.
Summary of Evidence
1. Defendant's legal statement;
2. The police statement of E;
3. A report on traffic accidents and a survey report on actual condition;
4. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor for a crime;
2. Article 62 (1) of the Criminal Act;
3. Article 62-2 of the Criminal Act;