Text
Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended 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 engaged in C Bus driving service.
On April 22, 2018, the Defendant driven a bus on April 19:54, and led the front of the “E” road located in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, to the front of the “E” road from the front of the Dong Seo-gu, Incheon.
At the same time, a crosswalk was installed in the front door and at the same time, so in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the steering gear and brakes thoroughly and prevent accidents by accurately manipulating the steering gear and brakes.
Nevertheless, the defendant did not find out the victim F (56) who crosses the road without permission from the left side of the bank on the right side of the road, due to the negligence going through without examining the surrounding areas, and did not find out the victim F (56) who crosses the road on the right side of the bus, and had the victim use the victim's upper part of the body on the right side of the bus.
Ultimately, the Defendant caused the death of the victim from his job by occupational negligence.
Summary of Evidence
1. Partial statement of the defendant;
1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;
1. Statement of the police statement related to G;
1. A traffic accident report;
1. Each photograph;
1. Bluice stuffs images;
1. Application of Acts and subordinate statutes concerning postmortem records;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (i.e., the first offender, the bus operated by the defendant was insured by the mutual aid association, and the victim was found to have been negligent in crossing without permission at night when the victim would also get off)
1. The defendant and his defense counsel could not find the victim who is unauthorized to cross the bus despite the defendant's duty of care as a person engaging in driving the bus, so the occurrence of the instant traffic accident.