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(영문) 대구지방법원안동지원 2020.08.11 2020고단286
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for two years.

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

Reasons

Punishment of the crime

피고인은 B 팰리세이드 승용차의 운전업무에 종사하는 사람이다.

On January 19:23, 2020, the Defendant driven the above car and proceeded directly from the direction of the Gyeongbuk Provincial Police Agency to the Gyeongbuk Provincial Police Agency on the 19:23rd of January 30, 2020.

At the time, it was night and rained, and there was a child protection zone located within 30km speed per hour, and the front door installed a crosswalk, so a person engaged in driving service has a duty of care to properly check whether there is a pedestrian crossing by complying with the restricted speed and temporarily stopping or slowly driving in front of the crosswalk, and to proceed with it.

Nevertheless, the defendant neglected to stop or stop in front of the crosswalk and proceeded at a speed exceeding 37 km a speed of 67 km a speed above that of the Si speed, and the defendant's failure to stop or stop in front of the crosswalk, followed the right side side of the victim C (V, 27 years old), who opened the crosswalk to the right side of the victim C (V, 40 years old), and the victim D (V, 40 years old) by the vehicle of the defendant.

Ultimately, on March 5, 2020, the Defendant caused the victim C’s death from a F Hospital located in Ansan-si E on March 5, 2020, and at the same time suffered injury to the victim D, such as brain-dead, etc. without an open two wife for about eight weeks, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident, photographs at the scene of the crime, and the results of support at the scene of the traffic accident (20-067);

1. A postmortem report, a death diagnosis report, and a medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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