2016 Highest 2530 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle)

A

○○ (prosecution) and ○○ (Public Trial)

Attorney ○○ (Presiding over)

September 1, 2016

A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

The Defendant is a person who is engaged in driving a village bus of ○○○○, Seoul ○○○○○○○○○○, a corporation.

On May 13, 2016, the Defendant driven the above village bus around 07:13, while proceeding ○○-ro, Gangnam-gu, Seoul, through the direction of ○○ in the direction of ○○.

At the same time, there is a person who has the right side in order to board the village bus at the time, and thus, the person engaged in the village bus driver has a duty of care to safely drive the bus by making it possible for the person engaged in the village bus driver to live well on the front side and right side side side.

Nevertheless, the defendant neglected the right side of the village bus and caused the victim to go beyond the road by shocking the left side of the victim B (n'e, 18 years old) with the front side of the village bus where the defendant drives.

Ultimately, even if the Defendant suffered injuries, such as salt bars, etc. in the part of a neck that requires medical treatment for about three weeks by occupational negligence as above, the Defendant immediately stopped and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of ○○○○, a statement of the case at ○○○○○○○○○○○○○○○, and a statement of the case at ○○○○○○○.

Application of Statutes

1. Article applicable to criminal facts;

Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act (Optional to Imprisonment)

Reasons for sentencing

Taking into account the scope of recommendations and criteria for suspension of execution according to the sentencing guidelines for traffic crimes, the fact that the defendant has no record of any other crime except the traffic crime that occurred before 20 years, the community bus insurance for the defendant is covered by a comprehensive insurance, and the victim does not want the punishment separately by the victim.

Judges Shin Jae-chul