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Defendant shall be punished by imprisonment without prison labor for six 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 CK5 taxi vehicles owned by B.
On May 1, 2019, the Defendant driving the above vehicle at around 13:09, and driving the two-lane road in front of Seongdong-gu Seoul Metropolitan Government D in front of Seongdong-gu at a speed of 90km/h each hour depending on two-lanes of mabro 2 distance from the sexual intersection.
At the time, there was a duty of care to safely drive a motor vehicle according to the traffic signal by observing the restricted speed as a person engaged in driving of the motor vehicle, because the traffic has been controlled by signal, etc. at the intersection of the 60km/h at the speed limit, which is the speed limit.
Nevertheless, even though the signal, etc. was changed to the left-hand turn signal from the right-hand edge of the vehicle operated by the Defendant, the Defendant was on the part of the victim E (the age of 79) crossing the crosswalk from the left-hand edge of the vehicle driven by the Defendant due to the negligence that proceeds more than 30km/h of the speed, and received the front-hand part of the vehicle driven by the Defendant.
Ultimately, around 03:32 on May 3, 2019, the Defendant caused the victim’s death by occupational negligence, such as brain pressure, training paralysis, etc. at G hospital located in Seongdong-gu Seoul Metropolitan Government F.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report (1) (2);
1. A taxi blackbbox and video CD;
1. Standard signal control database;
1. Application of Acts and subordinate statutes of a death certificate;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: From one month to five years of a credit cooperative;
2. The range of recommendation [the determination of types] according to the sentencing guidelines for traffic crimes: General traffic accidents [the category 2] - the death of a traffic accident (the special person) - the mitigation element: the victim is also negligent in the occurrence of a traffic accident or the expansion of damage.