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(영문) 창원지방법원 밀양지원 2014.11.13 2014고단46

교통사고처리특례법위반

Text

Defendants shall be punished by imprisonment without prison labor for eight months.

However, with respect to Defendant B, it shall be for 2 years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the driving of Ebec Trac Trac Track and Defendant B is a person who is engaged in the driving of Fluc Trac Trac Trac.

Defendant

A On November 21, 2013, around 04:36, the two-lanes of the mid-to-west-to-west Highway, which was located in the Dorsung in the Dorsung of Gyeongnam-gun, was driven along the two-lanes from the Daegu to the west.

At the time, since it is a new wall time and is a highway, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system for those engaged in driving service.

Nevertheless, Defendant A was driven by the victim G (the age of 53) who is in progress prior to the same direction due to negligent negligence while neglecting this, and received the back portion of the H 4.5 tons of cargo from the Habco 4.5 tons, which Defendant A drives.

At around 04:46 on the same day, Defendant B continued to operate the Switzerland in accordance with Defendant A’s behind the same place.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, Defendant B neglected this and proceeded as it is, and was placed on the two-lanes due to the preceding accident, and was placed in front of the above Hacco 4.5 tons of cargo driving by the Defendant.

Ultimately, at around 06:19 of the same day by common negligence, the Defendants caused the death of the victim as a stop.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Legal statement of a witness I;

1. Statement of the police statement to J;

1. Notification of the results of analysis on traffic accident report, death diagnosis report, report on request for appraisal, and request for cooperation in traffic accident investigation;

1. Each report on investigation;

1. On-site photographs statutes;