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(영문) 대전지방법원 천안지원 2019.03.15 2018고단2232

교통사고처리특례법위반(치사)등

Text

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 low-speed car B.

On April 28, 2018, the Defendant driven the said high-speed motor vehicle from the 355-lanes of the East-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yandong-gu, Yannam-do, to the 123 km away from the Cheongsan-si, the Defendant driven the said high-speed motor vehicle from the 3-lanes to the Yanananananan-si.

At this point, the signal lights are installed, and the speed limit is 60 km a speed, so in such a case, the driver has a duty of care to observe the signal and the speed limit, to ensure that the driver is engaged in driving business well, to accurately handle the steering well, and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so and did not avoid the victim's e-mail-on car, which was left to C Hospital from the westan ICT on the side of the YananIC to turn to the C Hospital at the speed exceeding 63 km per hour, and received the back part of the above ice-on car with the front part of the above ice-on car.

결국 피고인은 위와 같은 업무상의 과실로 피해자 D에게 약 2주간의 치료가 필요한 무릎의 타박상 등을 입게 하고, 위 스포티지 승용차 동승자인 피해자 F(남, 76세)을 2018. 4. 28. 20:32경 천안시 동남구 G에 있는 H 병원에서 후두 및 기관의 으깸 손상으로, 위 스포티지 승용차 동승자인 피해자 I(여, 74세)을 2018. 4. 28. 21:09경 천안시 동남구 J에 있는 K병원에서 중증 간 손상으로 인한 혈복강으로 각각 사망에 이르게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of each victim of L or M;

1. Request for a survey report on actual condition and analysis of traffic accidents;

1. A death certificate and a medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) 1 of the same Act concerning criminal facts;