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Defendant shall be punished by imprisonment without prison labor for six months.
However, the execution of the above sentence 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 driving of a taxi for K5 business purposes.
On October 15, 2015, the Defendant driven the above taxi on October 16:50, and proceeded at a speed of 40km from the west-gun of the Seoul metropolitan city to the direction of the port from the west-gun of the Republic of Korea.
In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to ensure that the driver has a duty of care to safely report the traffic situation on the
Nevertheless, the Defendant neglected to do so and neglected to do so, caused the death of the victim C (the 78 years old) coming from the side of the road in the same direction as the Defendant due to the negligence on duty, which led to the death of the victim of the same direction as the Defendant, by taking the left part of the victim C (the 78 years old), who was walking along the side of the road in the same direction as the Defendant, into the front part of the above taxi, and allowing the victim to take the front part of the 19:27 years old taxi on the same day from the strong medical center located in the 5 course of the search of the Namjin-
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A death certificate;
1. On-site drug maps, drug maps at the scene of an accident, photographs of an on-site accident, etc., defense contractor photographs, and accident video CDs;
1. Application of Acts and subordinate statutes to a traffic accident report and a survey report on actual condition;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria [Scope of the recommended punishment] General traffic accidents in the range of two types (Death or injury caused by traffic accidents) (from April to October) in the mitigation area (special mitigation factors) shall not be punished;
2. The criminal defendant's liability for the occurrence of the instant accident, in light of the details and result of the defendant's fault.