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.

Criminal facts

The defendant is a person who is engaged in the duty of driving BM5 taxis.

On June 10, 2017, the Defendant driven the above taxi at around 21:30 on June 10, 2017, and turned to the left at a speed of about 5 km from the Hano Samsung to the new elementary school at the speed of about 5 km from the Hano Samsung, the second apartment in the Gangseo-gu Busan Metropolitan City.

Since there is a signal, there was a duty of care to safely proceed with the driver's duty of care in such a case.

Nevertheless, the Defendant neglected this and received the front part of the Defendant’s taxi from the right side of the taxi of the Defendant, which was driven by the victim C (son, 44 years old) who was working in the opposite opposite vehicle by negligence in violation of the signal.

Ultimately, the Defendant suffered approximately 14 weeks of medical treatment from the victim due to the above occupational negligence. In addition, the Defendant suffered from the foundation of the left-hand side in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)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 imprisonment without prison labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below)

1. Scope of punishment by law: Not more than five years of imprisonment without prison labor;

2. Scope of recommended punishment on the sentencing guidelines: One-month or eight-month (the type of determination) traffic accidents in general, and the mitigated elements of punishment (the person subject to special sentencing): In the area of mitigation of punishment [the area of recommendation, the scope of recommendation], the area of mitigation of punishment, one-month of imprisonment without prison labor, and eight months.

3. The decision-making defendant is a taxi engineer who is engaged in the business of driving a motor vehicle while on board another person, and is required to drive a motor vehicle safely by giving more attention to anyone.