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(영문) 대구지방법원 2019.06.13 2019고단1845
과실치사등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Road Traffic Act shall leave Articles on the road which might obstruct the traffic without permission;

At around 21:00 on May 5, 2018, the Defendant, as an operator of a cafeteria “C” restaurant located in Gyeongsan-si B, has three closed cars for the purpose of securing a parking space.

By doing so, the defendant laid away things on the road which could interfere with traffic without permission.

2. The Defendant, as seen above, was placed on the road in order to secure a parking space in a restaurant. The Defendant was obliged to take safety measures, such as cutting off the closed-off log from the road to the outside of the road, in order to prevent an accident where the view of the road is not well secured at night. In particular, in order to prevent the vehicle travelling on the road from falling off the closed-off log of the vehicle, which is not easy to distinguish between the road and the color.

Nevertheless, from May 5, 2018 to May 21, 2018, the Defendant neglected this, and caused the victim E(58 years of age) who was driving a road in front of the above C cafeteria on May 6, 2018 on the two-lanes prior to the above C cafeteria to have three vehicle closed for the purpose of securing a parking space, to have the vehicle closed on May 6, 2018.

As a result, the Defendant caused the victim to die of cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala in the Jung-gu, Daegu District Hospital around 06:02 on May 7, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Reports on traffic accidents and on-site photographs;

1. A death certificate;

1. In relation to the internal investigation report (as to the closure of theCCTV image), investigation report (as to the distance between tagle and telegraph), investigation report (as to the accident video), investigation report (as to the accident video), and investigation report.

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