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Defendant shall be punished by imprisonment without prison labor for ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is engaged in driving a bus B.
The Defendant driven the above bus around 14:05 on September 14, 2016, and 2 Cheong-ro in front of D in Jung-gu Seoul, Jung-gu, Seoul, led Cheong-do 2 to the speed of about 54 km from south 1 to south 1 in the tunnel.
Since there is an intersection where a signal, etc. is installed, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing the speed and checking well the side, and to prevent the accident in advance by driving the motor vehicle safely in accordance with the new code.
Nevertheless, the defendant neglected to stop on three-lanes of the same direction as the end of the stop line due to negligence in violation of the signal, and left-hand turn after stopping on the same direction as the end of the stop line (58 ). The defendant had the right side of the bus driven by the defendant in front of the F. M. M. E (58 ) driving.
Ultimately, the Defendant caused the death of the victim due to the above occupational negligence by pressure from the National Medical Center located in Jung-gu Seoul Central Medical Center, Jung-gu, Seoul, where the victim was under a post-treatment treatment at around 03:31 on September 10, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. A traffic accident report and a written statement on the occurrence of a traffic accident;
1. A death certificate;
1. Application of Acts and subordinate statutes to photographs of victims at each accident site and photographs of victims;
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. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances examined following the suspended sentence)
1. Scope of applicable sentences in law: One month to five years’ imprisonment without prison labor; and
2. Scope of recommended punishment according to the sentencing guidelines [the types of decisions] general traffic accidents, Type 2 (Death, etc. of Traffic Accidents) [the person subject to special sentencing] is not subject to punishment (the scope of recommended punishment], the area of mitigation of punishment, April to one year without prison labor;
3.The sentence of sentence shall be determined as follows: