Text
Defendant shall be punished by imprisonment without prison labor for a period of one and half years.
Reasons
Punishment of the crime
At around 04:28 on November 21, 2018, the Defendant, who is engaged in the driving of B rocketing taxi for business use, was in the direct progress from the ebnath of Nana, to the ebnath of Bana, in accordance with three lanes in front of the Diplomatic Association located in Yangcheon-gu Seoul Metropolitan Government, while driving the said taxi.
At the time of the restriction, the sucked off and the speed of the speed was 60 km when the speed was normal, and 48 km when the sucked off was installed as an intersection with signal, etc., so in such a case, there was a duty of care to check whether there was a person engaged in driving service, to check whether there was a person who sucks, well sees the right and the right and the right of the road, and to drive safely according to the signals.
Nevertheless, the Defendant neglected this and led the Defendant to go beyond the road at a speed of 70 km per hour exceeding 22 km, and due to the negligence in which the vehicle driving signal was in contravention of the signal even though it was red signal, and the Defendant’s driving direction, left the right side of the Defendant’s driving direction, left the crosswalk in accordance with the pedestrian name, and got the victim E (W, 80 years old) to go beyond the road.
Ultimately, the Defendant caused the death of the victim on the spot by occupational negligence, which led to the death of the victim on the spot.
Summary of Evidence
1. Defendant's legal statement;
1. A survey report, an investigation report, an investigation report (on-site confirmation), and an investigation report (operation record devices analysis);
1. Application of Acts and subordinate statutes concerning autopsys;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. The sentencing criteria of the Supreme Court’s sentencing committee shall be taken into consideration in full view of all the conditions of sentencing as shown in the arguments in the instant case, including the reason of traffic death, accident circumstance, accident circumstance, illegality of the defendant’s negligence, bereaved family members and not-agreement, joining the F Association, and reflectivity.