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.

Punishment of the crime

On October 23, 2016, the Defendant driven the above taxi on October 23, 2016, while driving the 00:42, the Defendant continued three lanes in front of the D gas station in Seongdong-gu Seoul Metropolitan Government, on the surface of the road traffic center, from the surface of the road.

At the time, night and its location are roads with a speed of 60 km or less per hour, and at the time, the victim E (62 cm) is crossing without permission by going to the front side of the defendant at the time. In such a case, the defendant engaged in driving service has a duty of care to observe the speed of restriction and to keep the victim from shocking properly.

Nevertheless, the Defendant neglected to do so and proceeded at a speed of 89km per hour, and neglected to do so on the front part of the Defendant’s vehicle by taking the victim ahead of the Defendant’s vehicle, and caused the victim to die from a multi-coping engine at the Hanyang University Hospital Central Hospital on October 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. A traffic accident analysis report;

1. Vehicles and on-site photographs;

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 3 subparag. 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following circumstances favorable to the defendant shall be taken into account):

1. In light of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures brings about the result of the victim's death seriously, the defendant's liability is heavy.

However, in the occurrence of the instant accident, a decision of suspension of execution is rendered in consideration of the fact that the negligence of the victim who illegally crossed the road of three-lanes without permission is a major cause, that the taxi of the defendant is a member of the taxi mutual aid association, that the defendant is in depth against the defendant's mistake.