The imprisonment without prison labor for the accused shall be determined by eight months.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip taxi.

On March 6, 2019, at around 10:18, the Defendant promoted the road of the first line in front of the Chungcheongnam-nam Budget Group C from the ductal to the ductalside.

It is a road with a restricted speed of 60km and has been a three-distance intersection without a signal, so a person engaged in driving of a motor vehicle has a duty of care to check whether there is a motor vehicle driving through the intersection by reducing the speed prior to entering the intersection and by properly examining the front direction in order to prevent accidents in advance while driving the motor vehicle in compliance with the restricted speed.

Nevertheless, the Defendant neglected this and proceeded at a speed of 80.06 km above speed of 20km per hour, and the Defendant failed to properly look at the intersection and failed to find out the e-mail of the victim D(83 years old) who was entering the intersection from the right side of the direction of the Defendant’s proceeding to turn to the left at the intersection without looking at the intersection, and led the victim to move to the floor by shocking the left side of the damaged e-mail with the top top of the Defendant’s vehicle.

Ultimately, at around 10:50 on the same day, the Defendant caused the victim’s death by the occupational negligence as above, from G Hospital located in the F of the Chungcheongnam-nam Budget-gun, the death by blood transfusions in two joints depending on the frameworks of the two joints.

Summary of Evidence

1. Defendant's legal statement;

1. A report on a traffic accident, a survey report on actual condition, and a traffic accident analysis and appraisal report;

1. A death certificate;

1. Application of Acts and subordinate statutes to field and accident vehicle photographs, black stuff photographs;

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. Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of type] according to the sentencing guidelines for sentencing in Article 62-2 of the Criminal Act shall be limited to the case of traffic accidents [Type 2] and the case of death of traffic accidents [special person].