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Defendant shall be punished by imprisonment without prison labor for ten 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 duty of driving K5 taxis.
On September 30, 2016, the Defendant driven the above vehicle on September 30, 2013:25, and proceeded at a speed of about 47.9 km at a speed of about 47.9 km per hour depending on one lane towards the front side of the vehicle factory in Seo-gu, Seo-gu, Seo-gu, Gwangju.
The location is a crosswalk in which signal lights are installed, and at the time, it was difficult to set the front door light due to the headlights of the vehicles that take a light at night and that of the opposite class, so in such a case, the driver of the vehicle has a duty of care to check whether there is a person who gets on the front door and the right door well and the right door, and to check the career safety, while driving the vehicle safely in accordance with the traffic signals and to prevent accidents in advance.
Nevertheless, by negligence of neglecting the front-time city and in violation of the signal, the driver did not find out the victim C(91) who walked the crosswalk on the right side from the left side of the driving direction of the motor vehicle of the Madle Defendant in the direction of the driving vehicle of the Madle, and did not get the victim C(91 ) to go beyond the road.
Ultimately, the Defendant caused the victim’s death by occupational negligence on September 30, 2016 at the Southern University Hospital prior to around 08:38, by means of low blood transfusion shock, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A survey report on actual conditions;
1. A death certificate;
1. Application of Acts and subordinate statutes to traffic accident analysis and appraisal;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service and Order to Attend Military Service, and Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc.