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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of the Reasons for Appeal: According to the mistake of facts-finding video, the victim who was 14:43:07 to 14:07 was found to wear the crosswalk. However, if the defendant was driven by fulfilling his duty of care, such as the duty of front-time watch, etc., he could at least find the victim from the above point of view or before that point. Thus, the defendant who discovered the victim later and carried out a sudden operation is found to be negligent in performing his duty of front-time watch, etc.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. Determination
A. The lower court found the Defendant not guilty of the facts charged of the instant case, on the ground that, at the point of accident, the Defendant could have become aware of the victim from approximately 44m to 65m away from the point of accident, and was indicted on the premise that he could have avoided the accident if he had immediately avoided the accident. In full view of the facts and circumstances as indicated in its reasoning, the evidence submitted by the prosecutor alone cannot be readily concluded that, even if the Defendant fulfilled his duty of care, it could not be readily concluded that the Defendant could have been aware of the victim at the point of accident 44.3m to the point of accident 65.4m from the point of accident (14:43:10 to 14:43:09).
B. However, considering the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, if the Defendant did not neglect the duty of front-time care, the necessary stop distance in order to avoid collision with the victim = mal-distance (the distance driven during the cognitive response time until the driver discovered obstacles and bal-rash took place) was sufficiently recognizable by the driver, prior to reaching the mal-distance (the distance from the bal-line to the final stop). Accordingly, the death of this case could have been avoided.