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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in driving of K5 si.
On October 2, 2019, the Defendant driven the above taxi at around 03:45 on October 2, 2019, and made the private distance of 2656 popon telephone station to turn to the left from the scopon of both sides at the shooting distance of the Young-dong, Gangnam-gu, Seoul.
At this point, since it is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely according to good faith.
Nevertheless, the Defendant neglected this and got the front part of the victim C (Nam, 30 years old) driving D 125cc ckib in the direction of the 2nd parallel from the surface of the 30th parallel parallel by the negligence of entering the intersection even though he was yellow signal, and caused the victim to go beyond the road, thereby causing the victim to go beyond the road. In the end, the victim died of multiple prolonged damage, etc. at the E Hospital around 04:11 on the same day.
Accordingly, the Defendant caused the death of the victim by occupational negligence above.
Summary of Evidence
1. Defendant's legal statement;
1. Results of the reproduction and viewing of black boxes and video CDs;
1. Each police suspect interrogation protocol regarding F;
1. The police statement concerning G;
1. The report of each traffic accident, the traffic accident analysis report of the Road Traffic Authority, replies to the traffic accident analysis report by the Road Traffic Authority, on-site photographs, and photographic images of fluorse vehicles;
1. A corpse examination report, a postmortem examination report, a autopsy examination report, and a photo of a dead body;
1. Application of Acts and subordinate statutes to each investigation report (No. 16,23,26 No. 16 of the evidence list);
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 selection of
1. Article 62 (1) of the Criminal Act;
1. The scope of recommendation [decision of type] according to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act: the general traffic accident [Type 2] mitigated factors such as death of traffic accident (special sponsor]: