Defendant

A shall be punished by imprisonment without prison labor for six months, and by imprisonment for eight months, respectively.

, however, the defendant from the date of this judgment.

Punishment of the crime

1. Defendant A, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, is a person engaging in driving of E rocketing taxi, and Defendant B is a person engaging in driving of Fmotor bicycle.

Defendant

A around 03:25 on September 19, 2015, around 03:03:25, the front of Seodaemun-gu Seoul Western-gu G was changed to the three-lanes while driving the said taxi into the two-lanes of the Seodaemun-gu Office, Seodaemun-gu, Seoul. The Defendant B driven the said motorcycle at the same time and place as three-lanes.

At night, Defendant A tried to change the lane. In such a case, Defendant A had a duty of care to check whether there is a vehicle driving on the lane that is intended to change the lane, to ensure the distance from the vehicle to avoid the collision with the vehicle, and to safely change the course. Defendant B had a duty of care to check and safely proceed with the distance with the vehicle in front of the vehicle in front.

그럼에도 피고인 A은 이러한 주의의무를 게을리한 채 주위를 잘 살피지 아니하고 진로 변경을 하고, 피고인 B은 술에 취하여 이러한 주의의무를 게을리한 채 만연히 진행한 과실로 피고인 A이 운전하는 택시의 오른쪽 옆부분과 피고인 B이 운전하는 원동기장치자전거의 왼쪽 옆부분이 충돌하여 그 충격으로 피고인 B이 운전하는 원동기장치자전거의 뒷좌석에 타고 있던 피해자 H(33세)이 진행 방향 앞으로 튕겨져 나가 연석에 머리를 충돌하여, 현장에서 사망에 이르게 하였다.

Accordingly, the Defendants caused the death of the victim through occupational negligence as above.

2. On September 19, 2015, Defendant B’s violation of the Road Traffic Act (driving) is under the influence of alcohol at around 03:25 on September 19, 2015, the Defendant is under the influence of alcohol 0.15%.