Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 31, 2018, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for violating the Punishment of Violences, etc. Act (joint injury) at the Seoul Eastern District Court on May 31, 2018, and the said judgment became final and conclusive on February 27, 2019.

The defendant is a person who is engaged in driving a KS7 car.

On February 13, 2019, the Defendant driven the above car at a speed of 91.4 km per hour in accordance with the speed of 91.4 km from the Rotten-ro of Gangnam-gu Seoul Special Metropolitan City, the road of 211 Do is about four-lanes from the Rotten-ro shooting distance slope to the reverse ginseng station.

Since there is a section of 60km at a speed limit, a person engaged in driving service has a duty of care to ensure safe operation by checking the safety of the course and accurately manipulating the steering and brakes while complying with the speed limit.

그럼에도 피고인은 제한속도인 시속 60km를 초과한 시속 91.4km로 진행하면서 전방주시 의무를 태만히 한 채 운전한 과실로 진행방향 우측에서 좌측으로 무단횡단하는 피해자 C(63세)의 몸통을 피고인 운전 승용차의 앞범퍼 부분으로 들이받아 피해자의 몸이 공중으로 떴다가 바닥으로 떨어지게 하여 피해자에게 안면부 손상, 두개골 함몰 및좌측 다리 부분 골절 등을 입혀 피해자는 같은 날 04:32경 그 자리에서 사망하였다.

Accordingly, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (a statement of a taxi engineer and a black image), a survey report on actual condition, a body inspection report, and a corpse photograph;

1. Each investigation report, emergency medical services log, field photographs, and vehicle photographs;

1. Request for the analysis of a traffic accident (related to the speed of a vehicle), replys to the analysis of a traffic accident, witness taxi booms video (one CD mark);

1. Previous convictions in judgment: Criminal history records and investigation reports, and the latter part of Article 37 of the Criminal Act;