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(영문) 대구지방법원 2018.07.26 2018고단1472

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for a period of one and half years.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in CMW520d.

On January 12, 2018, the Defendant, at around 21:45, proceeded with a crosswalk without signal, etc. in front of the E store in Daegu Northern-gu D, Daegu, with one-lane distance from the indoor sports hall room to the viewing separate distance, depending on one-lane between the two-lanes.

There is a place where a crosswalk without signal, etc. is installed on the front door, and a place with a speed of 30 km per hour, so the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by checking whether there is a person who gets on the front door and the left and right of the motor vehicle.

Nevertheless, if the defendant neglected this and failed to look at the speed of more than 60 km per hour, and due to negligence that did not properly look at the pedestrian above the crosswalk, the victim F (the age of 42) who dried up a path by using the crosswalk from the right side of the defendant's running direction to the left side of the crosswalk was assigned to the front part of the car of the defendant.

Ultimately, the Defendant caused the death of the victim by occupational negligence at the emergency room of the Gyeongbuk-gu University located in 130, Daegu Jung-gu, Daegu, on January 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. On-site photographs and photographs of accident vehicles;

1. A death certificate;

1. Reports on internal accidents (limited to the speed of the place of accident);

1. Reports on internal accidents (EDR analysis results);

1. A report on internal investigation (attaching studs of accident vehicles and images);

1. Application of Acts and subordinate statutes to report internal accidents (referring to the results of analysis of the Road Traffic Authority);

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act on the Grounds for Sentencing [the scope of recommended punishment] Article 2 of the Act on Special Cases Concerning the Specific Traffic Accidents (one year to three years) in the increased area (one year to three years), Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes (the specially aggravated person).