Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person engaging in taxi driving service of a rocketing or other corporation.

On February 6, 2016, the Defendant, at around 01:00, proceeded the crosswalk in front of the sand distance in the south-gu Incheon Metropolitan City, Nam-gu, with the speed of about 90.7km from the blind distance of traffic broadcasting to the middle distance of education.

At this point, there is a duty of care to safely drive the steering gear and brake system by complying with the speed limit and properly manipulating the steering gear and brake system in order to ensure the safe operation of the driver of the vehicle, since it is at a point of 60 km per hour, in an apartment cluster where pedestrians are anticipated to cross and limit the speed.

Nevertheless, the Defendant neglected this and proceeded with a limited speed of more than 30 km, and received from the left side of the direction of the Defendant’s proceeding, the victim E (41) who dried up the crosswalk in the pedestrian red signal, to the right side, as the front part of the taxi.

As a result, the Defendant caused the death of the victim by occupational negligence at an emergency room for an artificial hospital in Jung-gu Incheon, Jung-gu, Incheon, where the victim was being treated after around 04:00 on February 6, 2016, at the low-capacity shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Investigation report (the result of speed analysis);

1. A traffic accident analysis report and on-site drawings;

1. A death certificate;

1. Application of Acts and subordinate statutes to photographs by cutting off vehicles involved in accidents, vehicle photographs, black stuffs images;

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 (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the same Act is that the Defendant, as a taxi driver, has to observe the traffic-related Acts and subordinate statutes. However, the Defendant, as a taxi driver, was on the crosswalk while driving a taxi under the speed without neglecting his/her duty to do so at the night.