Defendant shall be punished by imprisonment without prison labor for a period of one year and four months.

Punishment of the crime

The Defendant is a person who is engaged in the duty of driving a rocketing private taxi.

On January 17, 2015, the Defendant driven the rocketing taxi above around 01:42, and led the Seocho-gu Seoul Seocho-gu Seoul Coast Guard to proceed with the front road in front of the 983-11, Seoul to the south cycle, along the boundary of the air basin from the south cycle.

Since a crosswalk is installed at the front of that place, and the speed of restriction is 60km per hour, in such a case, the driver of the motor vehicle has the duty of care to prevent accidents in advance, such as making a temporary stop in front of the crosswalk, confirming the safety of pedestrians, etc., by complying with the speed of restriction on persons engaged in driving the motor vehicle, by properly examining the front and the right and the right of the motor vehicle. If pedestrians are traveling along the crosswalk, they have the duty of care to prevent accidents.

Nevertheless, the defendant neglected this and led the victim to go beyond 90km in speed exceeding about 30 km, while driving the crosswalk, and did not find the victim D(57) who was crossing the front direction of the defendant's running crosswalk from the right side, and did not cause the victim to go beyond the upper part of the defendant's rocketing taxi.

Ultimately, the Defendant caused the death of the victim due to an occupational negligence, such as serious brain injury, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A written result of autopsy;

1. Comprehensive traffic accident analysis replies;

1. Application of the Acts and subordinate statutes governing the scene photographs of the accident, suspect motor vehicle records, and video records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and reasons for sentencing of imprisonment without prison labor

1. One year and three years of imprisonment without prison labor within the scope of recommendations according to the sentencing guidelines;