Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person engaged in Franchising private taxi driving business.

On September 8, 2017, the Defendant driven the above taxi at around 23:16, and turned directly along three lanes at a speed of about 69.9km in Si speed, towards the direction of the H convenience store located in Busan G, Seo-gu, Busan, the direction of the trigram law road in front of the H convenience store.

At the time, there are nights and crosswalks installed, and in such case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, considering whether there is a pedestrian by checking well the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant neglected this and got the victim I (56) who dried the crosswalk as the front part of the gate, which was negligent in driving the crosswalk, to go beyond the floor.

As a result, the Defendant caused the death of the victim through the shock from the Busan National University Hospital Emergency Center located in Seo-ro 179, Seo-gu, Seo-gu, Busan, a Busan National University Hospital on September 9, 2017 at around 04:57, around September 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report, suspect booms image photographs;

1. Application of Acts and subordinate statutes of a death certificate;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 2 (Death and Injury of Traffic Accidents) (from April to one year) in the mitigation area (including special mitigation persons), the punishment of which is not limited (including serious efforts to recover damage) in the sentencing guidelines;

2. Determination of sentence: (a) disadvantageous circumstances such as the death of the victim due to the instant crime, the result of the instant crime was very serious; and (b) the Defendant reflects the instant crime while recognizing the crime; and (c) the instant crime meets the victim who was sprinking in red sprinks at night, and thus, the Defendant discovered the victim in advance.