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(영문) 대전지방법원 2020.05.21 2020고단204

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

The defendant is a person who is engaged in driving of a sealed 3 cargo vehicle B.

On November 19, 2019, at around 22:50, the Defendant proceeded one way in front of the “D” restaurant in Daejeon Seo-gu C at a speed of about 36 km from the direction of the E apartment to the Han field at a speed of about 36 km.

However, since at the time, the center line of the yellow-ray is installed at night and there is a place, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the wheel line.

Nevertheless, by neglecting this, the Defendant neglected to go along the center line and went along the center line to the left-hand side of the Defendant’s running direction, led the victim F(F,56 years of age) and the victim G(F,52 years of age) who crossed the above road to the left-hand side of the Defendant’s driving direction, and received the victim H(64 years of age) as the part on the side of the driver’s seat of the said 3 freight truck.

Ultimately, the Defendant caused the victim F’s death from the tin to a private person on November 19, 2019, in other words, around 22:53, on the said occupational negligence. On November 19, 2019, the Defendant caused the victim G to die due to the cardiopulmonary damage of heavy evidence from the tin, namely, around 22:53 on November 19, 2019. The Defendant suffered injury to the victim H, such as the chronmatic flaf, and the plelaf, which require approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to I and J's bereaved family members;

1. A written autopsy, a written autopsy (F), and a medical certificate;

1. Traffic accident report(1)(2)(i), accident site photograph, CD copy, 112 report processing table, carving, G damaged photograph, F damaged photograph, meeting for investigative cooperation (emergency medical services) and response to requests for appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (investigation into the 112 Reporting Report List) and investigation report (victim H telephone communications);

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;