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(영문) 대전지방법원 2020.05.28 2019고단5086
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a proxy driver who is engaged in driving of BM5 car as a proxy driver.

On August 25, 2019, at around 21:47, the Defendant proceeded at an aesthetic speed along the two-laned road of the D in Daejeon Seodong-gu C from the E side to the F in accordance with the first way.

At the time, the driver's view was restricted at night, and at the front of the bus stops, the crosswalks and bus stops are installed, and in order for the bus stops to go to the bus stops, the unauthorized crossings without permission away from the crosswalks appear. In such a case, there was a duty of care to prevent the unexpected accidents by reducing the speed of the driver, thoroughly operating the front and rear left, and operating the steering system and brakes accurately and safely.

Nevertheless, the Defendant neglected to go beyond the floor of a victim G (78 years old) who illegally crossed a road on the right side of the front side of the road in the direction of the front side of the horse of the defendant, due to the negligence of neglecting the front side of the road and caused the victim to go beyond the floor.

Ultimately, the Defendant caused the death of the victim due to brain escape in the I Hospital located in Seo-gu Daejeon District of Daejeon, where the victim was under medical treatment at around 00:51 on August 26, 2019 due to occupational negligence.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. A traffic accident report (survey report), ten copies of photographs on the scene of the accident, and 61 copies of photographs on the scene of the accident;

1. Related CDs and related video screen pictures;

1. Determination on the assertion of the defendant and his/her defense counsel in a death certificate

1. The summary of the argument is clear in the so-called “the principle of the protection of new mines,” etc. declared by the Supreme Court Decision 92Do2077 delivered on February 23, 1993, etc., the driver of the vehicle as the driver of the vehicle stops on the opposite line while the signal of the crosswalk is red.

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