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Defendant shall be punished by imprisonment without prison labor for eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who is engaged in the operation of B rocketing taxi.
On April 6, 2018, around 01:55, the Defendant driven the above vehicle on the front road of Gangnam-gu Seoul Metropolitan Government, and driven the vehicle along the three-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes of the two-lanes.
However, since the speed of the road at that place is 60 km per hour, and the surface at that time was milched, a person engaged in driving of a motor vehicle shall proceed at a speed of not more than 48 km per hour at a speed of not more than 20 km per hour, which reduces 20/100 from the maximum speed of the restriction, and it was difficult at night, so there was a duty of care to thoroughly conduct the on-shore and check whether there is a person crossing the road at night, to prevent the accident.
Nevertheless, while proceeding about 62 km at a speed of speed, the Defendant got the body of the victim D (the remaining, 28 years old) who has crossed the road on the front side from the left side of the Defendant’s running direction without permission, due to negligence that neglected the duty of the front line.
Ultimately, due to the above occupational negligence, the Defendant caused the victim to die with cerebral cerebral cerebral cerebral Bribery at the Seoul Hospital affiliated with Yongsan-gu Seoul National University, Yongsan-gu, Seoul, 59, an Ambassador 59, around April 11, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. A survey report on actual conditions;
1. On-site photographs of each accident;
1. A death certificate;
1. Gabbbling images;
1. On-site CCTV images;
1. A traffic accident analysis report;
1. Application of Acts and subordinate statutes to the investigation report (whether speed has been violated);
1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;
2. Article 62 (1) of the Criminal Act (The following circumstances considered in favor of the reasons for sentencing).
3. Determination of the Defendant’s assertion of Defendant 2 under Article 62-2 of the Criminal Act (based on conviction) was made on the part of the victim, thereby having a duty of care.