Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person engaging in driving a rocketing taxi.

On December 24, 2018, the defendant, around 03:22, passed from the intersection of course to the intersection of course, depending on one of the three-lanes in front of Busan Metropolitan Government C.

In this case, the driver of the vehicle has a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and operating the steering system accurately.

Nevertheless, the Defendant neglected this and proceeded with the limited speed exceeding 36.3km from the left side of the Defendant’s proceeding, and thereby, took the victim D (58 years of age) who unauthorized crossing over the center separation zone from the left side of the Defendant’s proceeding to the front part of the taxi driving.

In the end, the Defendant caused the death of the victim due to the damage of head, neck, and chest in the workplace by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each traffic accident statement;

1. Written records of autopsy, postmortem examination reports, and legal history photographs;

1. Application of the Acts and subordinate statutes of the traffic accident actual condition survey report and traffic accident analysis and appraisal report;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Application of the sentencing criteria [Scope of Recommendation] General Traffic Accidents Type II (Death, etc. caused by Traffic Accidents) (4-1 years) (including special mitigation), the area of mitigation (including serious efforts to recover damage);

2. It is necessary to take a strict measure solely on the ground that the defendant caused an accident that causes an accident that causes an excessive life that leads to the defendant's decision of sentencing. However, in the occurrence of the accident, it can be deemed that there is a great fault of the victim who tried to cross the accident without permission beyond the central separation zone, and the defendant led to the crime.