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(영문) 대전지방법원 천안지원 2016.12.06 2016고단1588

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight 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 the driving of freight Class C.

On July 27, 2016, the Defendant driven the above vehicle at around 16:40 on July 27, 2016, and driven the road in front of the Docwon road located in the 104, East-gu, East-gu, Seoul Special Metropolitan City, in the direction of the intersection, in the direction of the intersection intersection, while driving the road in front of the Docwon road in the direction of the intersection intersection.

In such cases, since there is a center line of a yellow solid line, a person engaged in driving of a motor vehicle shall pass along the center line to the right side of the motor vehicle, and even in the case of passing through the left side of the motor vehicle in front of the motor vehicle in front, due care shall be paid to the traffic in the opposite direction and the traffic in front of the motor vehicle in front of the other motor vehicle, and the overtaking shall be made at a safe speed and in a safe manner, such as using the direction indicator, light or horn, depending on the speed

Nevertheless, the Defendant neglected to do so and failed to properly check the course and direction of the driving of the motor vehicle driven by the victim while driving along the central line for overtaking, and entered the original lane as it is, and caused the victim to go beyond the ground floor by taking part of the left hand hand of the vehicle driven by the Defendant on the left side of the vehicle driven by the Defendant.

Ultimately, due to the above occupational negligence, the Defendant, around July 28, 2016, caused the death of the victim of the instant case at the Yacheon-gu Hospital in Yacheon-gu, Yancheon-gu, Yancheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to F and G;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes on traffic accident;

1. Relevant provisions concerning facts constituting an offense;