Defendant shall be punished by imprisonment without prison labor for not less than five 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 engaging in driving a rocketing taxi.

On June 28, 2018, the Defendant driving the above taxi around 21:30, and driving the front road of the Incheon Nam-gu, Seoul along the two-lanes between the 4-lanes from the west-do boundary of the west-do.

At this point, the maximum speed of restriction is 60 km per hour, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to comply with the restriction and not exceeding the maximum speed.

Nevertheless, while the defendant is proceeding at a speed of about 83.3km of speed exceeding 23.3km per hour, he did not discover the victim D(37) who crosses the above road to the right side from the left side of the direction and did not shock the victim D(37).

Ultimately, the Defendant suffered injury to the victim, such as the escape of the joints, after the recovery for about six months of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. Written statements of D;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of the statutes on traffic accident analysis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 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 stay of execution ( normal consideration, such as the reflection of the fact, the absence of imprisonment without prison labor or heavier punishment, the fault crossing the road without permission for the victim, and the fact that the victim has agreed with the victim);