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(영문) 수원지방법원 평택지원 2019.02.20 2017고단2402

교통사고처리특례법위반(치사)

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Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for 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 cargo vehicle B6.5 tons.

On March 6, 2017, the Defendant driven the above vehicle on March 6, 2015, and driven the 378.1km parallel on the border of the four-lane Don in the Dongcheon-ri, Seocheon-ri, at the speed of about 80km from Busan to Seoul.

There is a duty of care to prevent accidents in advance by driving a motor vehicle on the front side and driving safely, as the expressway with a rapid speed of vehicle traffic, the surrounding area is kept at night and the low-water road was milched.

Nevertheless, the defendant is driving along two lanes by negligence while neglecting it.

The driver's seat of the victim C(W, 38 years old) who entered the four-lanes of the right side of the defendant's moving direction was placed in the front part of the cargo vehicle of the defendant.

Ultimately, at around 00:45 on March 6, 2017, the Defendant caused the death of the victim by occupational negligence as seen above, in two alleys at the above site.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Report on investigation (verification of scamblings - Suspect A puts at the same time);

1. The actual condition survey report;

1. Results of the analysis of traffic accidentDG;

1. A comprehensive analysis of traffic accidents;

1. Each traffic accident analysis and appraisal report;

1. The results of the CD reproduction;

1. A corpse of corpse;

1. Each of the Defendant and his defense counsel asserted to the effect that the Defendant did not have breached any duty of care as a person engaged in driving at the time of this case, but considering the evidence duly adopted and investigated by this court, the location where the instant traffic accident occurred is an expressway, and the Defendant’s cargo vehicle was the occurrence of the above abnormal situation before the victim’s shocks against the Defendant’s car.