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Defendant shall be punished by imprisonment without prison labor for ten 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 duty of driving a rocketing taxi.
On October 23, 2015, the Defendant driven the above taxi on October 14:17, 2015, and proceeded at approximately 121.9km in speed from the east side to the east side of the west-do village located in the west-gun, Chungcheongnam-gun, Chungcheongnam-do.
At least 60 km/h, bus platforms are installed near, and pedestrians frequent, thus, a driver of a motor vehicle has a duty of care to ensure that the driver of a motor vehicle has a duty of care to observe the restricted speed and to ensure that there is a person who gets on a road by closely examining the front, rear, and right and the right and the right of the motor vehicle and to prevent accidents by accurately manipulating the steering direction and the brake system.
Nevertheless, the defendant neglected this, thereby neglecting the front road, and caused the victim to fall off on the road floor by the negligence of driving about 121.9 km at a speed exceeding the limit of 121.9 km, which led to the fault of the victim D (n, 78 years old) who crosses the road to the right side from the left side of the bed, and caused the victim to fall off on the road floor.
Accordingly, the Defendant caused the death of the victim due to the shock shock and the cerebral brain damage in an emergency room of an ordinary university hospital located in the Jinju-si, where the victim was under the influence of transmission after around 16:21 of the same day on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each report on investigation;
1. The actual investigation report on traffic accidents and the inspection report;
1. Application of Acts and subordinate statutes to photograph on the scene of an accident, a death certificate, and a black boome photograph;
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 on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of the recommended sentence] of the Criminal Act, and the types of general traffic accidents.