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(영문) 대구지방법원 2018.06.01 2018고단657
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

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.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On November 28, 2017, the Defendant driven the above car at around 14:50, and proceeded straight along the two-lanes between the two-lanes at a speed of about 50km in speed from the north-gu, Daegu to the north-gu, Seoul.

There are pedestrians in the crosswalk or in the vicinity of the crosswalk in which the crosswalk is installed. In such a case, the driver had a duty of care to safely operate the steering system by properly operating the steering and steering system.

Nevertheless, the Defendant neglected this and proceeded along as it is, due to negligence, caused the death of an external brain injury at the Gyeongbuk University Hospital located in Daegu-gu, Daegu-ro 16:09 on the same day by taking the body part of the victim D (74) in front of the Defendant’s vehicle in front of the victim’s vehicle to walk up the way from the right side of the crosswalk to the right side of the road from the left side of the direction of the Defendant’s vehicle.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Scele-distance traffic CCTV CDs;

1. A copy of a medical certificate of death or a postmortem report;

1. The defendant and his defense counsel asserts that there is no negligence of the defendant on the part of the defendant and his defense counsel regarding the investigation report (average speed immediately before the accident of the victim vehicle).

However, the following circumstances, which can be recognized by each evidence duly adopted and investigated by this Court, that is, the time of the occurrence of this case is less than 14:50, the weather was clear, and the location of the accident was a straight road that passed the achieved four streets, and the defendant passed the road as a straight-down.

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