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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above punishment 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 who is engaged in the duties of driving DM5 taxis.
On December 10, 2017, the Defendant driven the above taxi at around 14:50 on December 14, 2017, and led to the intersection in front of the Chungcheong-ro 62, Chungcheongnam-gu, Seosan-si, Chungcheongnam-do, Chungcheongnam-do, to the direction of the Bosong apartment.
Since there is an intersection where signal is not installed, a person engaged in driving of a motor vehicle has a duty of care to check whether there are motor vehicles crossing by reducing speed or temporarily stopping and driving safely.
Nevertheless, the Defendant neglected this and neglected to take part in the front left side of the Defendant’s taxi on the front side of the upper right side of the victim’s UITI100 Oba, who is going to the opposite side of the direction of the Defendant’s course, from the direction of the Defendant’s course to the Bosung apartment.
Ultimately, due to the above occupational negligence, the Defendant caused the victim to die by brain livering expenses, etc. at the Bain Hospital located in 14, 294, a 16:00 of the same month, which was located in the 16:00 of the same month.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a death certificate);
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Optional Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing Article 62-2 of the Criminal Act, which led to a serious consequence of the victim’s death due to the negligence of the defendant.
However, in consideration of the fact that the damaged person did not wear the healthcare well, the fact that the injured person agreed with the bereaved family members, etc., the punishment as ordered shall be determined.