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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing taxi.
On October 24, 2015, the Defendant driven the above taxi on October 24, 2015, and led the Defendant to proceed in the direction of about about 00:47, along with the two-lane roads near the south west-gu Seoul Metropolitan City along the two-lane roads near the south west-gu Seoul Metropolitan City.
It is a road with a speed of 60 km per hour and at night, so there was a duty of care to observe the speed limit, to ensure that a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely and safely.
In that sense, the Defendant neglected this and did not discover the victim C (48 cm) who crossed the road to the port from the right side of the direction of the Defendant’s running taxi to the port and did not discover the victim C (48 cm) who was going to the right side of the said road, and caused the death of the victim’s left chest part of the front side of the Defendant’s driving taxi.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Reporting of a traffic accident (1) (2);
1. A criminal investigation report (11) and a criminal investigation report (related to speed on road sites) (13 times a patrol time);
1. A death certificate;
1. Application of Acts and subordinate statutes to accident vehicles and field photographs;
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstance among the reasons for sentencing as follows) does not mean that the Defendant caused the result of the victim’s death due to occupational negligence, such as the statement of criminal facts.
In addition, the fact that the defendant had two times before the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is shown disadvantageously.
However, the above criminal records have long been old, and the defendant has no criminal records of suspension of execution or more, and the defendant's driver's taxi has been subject to a mutual-aid for liability, and the victim is at night.