Defendant shall be punished by imprisonment without prison labor for four 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.

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B taxi.

On November 22, 2012, at around 04:15, the Defendant continued to run approximately 82-84km at the speed of east 2-lane from the mloping-dong, Ulsan-gu to the East River Hospital, along one lane from the mloping-dong.

At the time, it is night and its location is 60 km a speed of time, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance, such as complying with the restricted speed and safe operation of steering and brakes by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and went over the speed of 82 to 84 km a speed exceeding 20 km per hour, and due to the negligence of the Defendant’s driving on the right side of the road without permission, the victim C (59 years old) who illegally crossed the road from the left side of the running direction of the Defendant was in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the Plaintiff’s occupational negligence, such as the interruption of body body and the opening of body, which requires treatment for about four months.

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition survey report;

1. On-site photographs;

1. A medical certificate;

1. The Defendant asserts that the instant accident was not caused by the Defendant’s violation of the limited speed of the Defendant, but caused the Defendant’s mistake of the victim who crosss the foundation of the landing without permission, regarding the Defendant’s response to the request for investigation cooperation.

A driver of a motor vehicle cannot be said to have a duty of care to avoid the outcome of an occurrence of an exceptional situation, which is sufficiently able to avoid the outcome in preparation for an ordinary predicted situation (see Supreme Court Decision 85Do833, Jul. 9, 1985). Unless there are special circumstances, the driver of a motor vehicle is a driver who has passed the road under the direction of the overpasses and uses the road without crossing the roadway by pedestrians.