Text
Defendant shall be punished by imprisonment without prison labor for one year.
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 of three village buses in C-do.
On February 1, 2017, the Defendant was driving the above village bus around 06:18, and turned to the left at the end of the village bus stop No. 8 when the Defendant turned to the front of the 8th tendency 23-lane 9-lane 1, the front of the 23-lane 1,000, the two-lane 2-lane 9, the front of the 23-lane 1,000.
At the same time, a crosswalk without signal lights is installed. In such a case, the driver of the motor vehicle has a duty of care to reduce the speed of the motor vehicle and closely operate the steering gear and brakes, etc. in a thorough manner. If a pedestrian passes the crosswalk, he/she has a duty of care to stop temporarily in front of the crosswalk and send the pedestrian first, check the safety of the pedestrian, and safely drive the motor vehicle by safely driving the motor vehicle.
Nevertheless, the defendant did not find out the victim D (74 ) who crosses the above crosswalk to the right side from the left side of the village bus in the direction of the above village bus due to the negligence of neglecting the above duty of care and left left, and received the victim as the part front of the village bus driver's seat.
Accordingly, the Defendant caused the victim to die of a prop set-off at the F Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government E, which was under medical treatment after around 14:16 on May 3, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police in relation to G;
1. A survey report on each actual condition;
1. Photographs photographs and on-site photographs of police officers dispatched at the time the accident occurred;
1. Application of Acts and subordinate statutes of a death certificate;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the scope of recommended punishment) are general traffic accidents.