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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a fish bus B.
On December 30, 2013, the Defendant operated the above bus on December 30, 2012:02:55, and continued one-lane of the two-lanes of the roads of the superior village road in the name asbestos of Jinju, which is located in the name asbestos of Jinju, from the Cheongdog to the Jindog.
At the time, since it was difficult to move around at night, there was a duty of care to prevent accidents in advance, such as identifying whether a person engaged in driving of a motor vehicle has a way to reduce speed and see well the front door.
그럼에도 불구하고 피고인은 전방주시 의무를 게을리한 채 그대로 진행한 과실로 위 도로 1차로 상에 서있던 피해자 C(20세)를 미처 발견하지 못하고 위 버스 앞범퍼 좌측 부분으로 피해자를 들이받아 그 충격으로 피해자가 튕겨서 도로에 떨어지게 하였다.
Ultimately, at around 03:47 of the same day, the Defendant caused the death of the victim in the emergency room of the D Hospital due to diculic bral dic cerebral brain damage and low-blood shock.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. An accident site photograph;
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 selection of
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended execution of the instant traffic accident resulted in a serious result of the death of the victim. However, the following records are recorded: (a) the Defendant’s mistake is pened; (b) the victim’s bereaved family members and the smooth agreement is reached; (c) the bus driven by the Defendant is a member of the bus mutual aid association; (d) the victim was negligent in crossing a two-lane road without permission even at night; and (e) the Defendant did not have any particular criminal record except for the punishment of a fine on two occasions.