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Defendant shall be punished by imprisonment without prison labor for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 24, 2019, the Defendant driven a village bus at B around 13:45, and moved bypass the three-lane road in front of the Diplomatic Association in Guangsi City C from the E elementary school room to the F-section.
At the same time, there is an intersection where signal lights are installed on the front side, so in such a case, there was a duty of care to prevent accidents in advance by checking whether pedestrians, bicycles, etc. are being driven along the right edge of the road in the vehicle driving service according to the direction of the road.
Nevertheless, the defendant neglected this and caused the bicycle driving from the right side of the road to the front crosswalk in order to avoid the collision with the above village bus, and caused the victim's G (the 60-year old) driver's bicycle driving in the front right side of the road to a sudden operation in order to avoid the collision with the above village bus, and the victim was placed on the front and rear wheels of the above village bus.
Ultimately, the Defendant caused the death of the victim by occupational negligence at the I Hospital located in Ansan-gu H during the same day at around 14:12 of the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1), 2 (2);
1. A report on internal investigation (the confirmation, etc. of CCTV for crime prevention at an accident site);
1. A death certificate;
1. Application of the relevant Acts and subordinate statutes of each case
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. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):
1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes, general traffic accidents [the category 2], the death of traffic accidents [the special person] shall be mitigated (the special person]: the punishment is not imposed (including serious efforts to recover damage).