2019 Highest 3966 Violation of the Special Act on the Settlement of Traffic Accidents (Death or Injury)

Gangnamyang (name), 60-years, South, and a driver;

Residential Ulsan

Reference domicile

The number of days under prosecution, personal defense (public trial)

Attorney Full-time (Korean National Assembly)

May 21, 2020

Defendant B shall be punished by imprisonment without prison labor for six months; Provided, That for two years from the date this judgment becomes final and conclusive, the execution of the above sentence shall be suspended; order the Defendant to provide social services for 80 hours.

Facts of crime

Defendant is a person who is engaged in driving a bus of Ulsan - heading to 000 square meters. Defendant was driving the bus on April 17, 2019, at around 22:40, Defendant 1 had a duty of care to safely operate the bus by operating the bus at the speed of about 53 km from the edge of the industrial tower to the intersection of the solar river. At the time of night, Defendant 2 had a duty of care to safely operate the bus by properly manipulating the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right

Nevertheless, due to the negligence of the defendant's failure to do so, the defendant was placed on the front side of the bus, such as the head of the victim ○○(52 years of age) crossing the front side of the road on the left side.

Ultimately, the Defendant caused the victim to die due to the injury of external wounds at the Ulsan National University Hospital located in the Ulsan National University Hospital, 8777, the 19.00:26 p.m. of the same month due to the above occupational negligence.

Summary of Evidence

1. The legal statement of the defendant

1. Application of Acts and subordinate statutes to the survey report, death certificate and traffic accident analysis report;

1. Relevant legal provisions and selection of punishment on the facts of crime;

Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Selection of Treasury Punishment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act grounds for sentencing

[Determination of Type] Traffic Accidents: General Traffic Accidents (Type 2) Death, etc.

[Special Sentencing factors] Reduction element: In a case where the victim was at considerable negligence in the occurrence of a traffic accident or the expansion of damage, the victim shall be crossed off the nine-lane way at night without permission.

[Scope of Recommendation and Recommendation Form] Reduction Areas, 4 months to 1 year of the Treasury

[General Sentencing]

- Reduction element: Admission to the Bus Financial Cooperative

[Reasons for Suspension of Execution] Major Reasons for Suspension of Execution: Persons who have a substantial negligence in the occurrence of a traffic accident or the expansion of damage; Reasons for the general recognition of the death of a victim: Admission to the bus mutual aid association

2. Determination of sentence;

In addition, the above sentencing factors are considered such as the defendant's mistake and reflects the defendant's mistake, the defendant has no same criminal record, the defendant's age, character and conduct, environment, and circumstances after the crime, and the sentence is determined like the order.

Judges Kim Jong-hwan