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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment 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 the operation of B rocketing taxi.
On June 13, 2018, the Defendant driven the above taxi on June 13, 2018, and proceeded three lanes in front of the 28 U.S. 28 U.S. 3 Dong-ro, Seoul Special Metropolitan City, Nowon-gu, about 90km at a speed of about 90km from the west Station to the lower direction.
At night, a person engaged in driving duty of a motor vehicle has a duty of care to safely drive the motor vehicle according to the road traffic situation and the structure and performance of the motor vehicle and prevent the accident by accurately operating the steering direction, brakes, and other devices of the motor vehicle.
Nevertheless, the Defendant neglected this and did not discover the victim C (27 years) who is unclaimed on the right side from the left side of the above taxi due to negligence in neglecting the previous taxi, and received the victim from the front part of the above taxi.
After all, the Defendant caused the death of the victim from the above occupational negligence, namely, by leaving the victim to the right side, in the above occupational negligence.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A survey report on actual conditions;
1. A report on internal investigation (the statement, etc. of a wooden person);
1. A report on investigation (to wear uniforms of victims);
1. A criminal investigation report (taxies DNA analysis);
1. Responses to traffic accident analysis;
1. A corpse death certificate;
1. Application of accident video CD-related Acts and subordinate statutes;
1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to attend a lecture or the order to provide community service order is that the Defendant, while proceeding at a speed of at least 60 km per hour on a speed of at least 90 km per hour, is likely to cause an accident by neglecting his/her duty at the front time.
This leads to the death of the victim and the result is also serious.
It is necessary to strictly punish the accused.
provided, however, that the victim;