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Defendant shall be punished by imprisonment without prison labor for six 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.
Reasons
Punishment of the crime
The Defendant is a person engaging in driving a rocketing taxi.
On November 16, 2014, the Defendant driven the above taxi on November 16, 2014, and proceeded along the intersection of the independent literary distance of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, along the three-lanes from the scarcity to the Seodaemun-gu, Seoul.
At the time, there is a duty of care to prevent accidents in advance by complying with the speed limit and accurately manipulating the steering and brakes to those engaged in driving of motor vehicles, since it is night and its restricted speed is 60 km a speed.
Nevertheless, the Defendant neglected to stop driving at a speed exceeding 24 km per hour, and found the victim D (the age of 61) who was placed on the front side of the horse at the right side of the red signal and operated it rapidly, but did not avoid the flick, and was placed in the front part of the taxi of the Defendant.
Ultimately, the Defendant caused the death of the victim who was sent to E hospital by occupational negligence on November 16, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. Investigative report (related to a violation of speed limits on vehicles involved);
1. Application of Acts and subordinate statutes on a written autopsy;
1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;
1. Selection of alternative imprisonment without prison labor;
1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] is the reason for sentencing under Article 62(1) of the Criminal Act. In the case of the case where the victim was negligent in causing traffic accidents or expanding damage even in the area of special mitigation (two to ten months) (including specially mitigated persons), the victim is not subject to punishment (including efforts to recover damage), and the defendant was punished by a fine due to the occurrence of several accidents even though he was a person driving a taxi. In the case of this case, the defendant is excessively bound by the defendant.