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(영문) 의정부지방법원 고양지원 2017.11.17 2017고단2412

교통사고처리특례법위반(치사)

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in dump truck driving.

On July 30, 2017, the Defendant, around 05:40 on July 30, 2017, had 911-2 Round Park Jong-gu, Park Jong-gu, Park Jong-gu, Park Jong-gu, Park Jong-young, Park Jong-young, Park Jong-young, Park Jong-young, Park Jong-young, Park Jong-

At all times, a person engaged in driving on a farm road with no lane divided into two lanes has a duty of care to reduce speed and to properly see the right and the right and the right of the vehicle, and to prevent the accident from spreading.

Nevertheless, in the front of the truck, the Defendant, who was negligent in neglecting this and proceeded with the victim D (66) who was riding a bicycle in the front of the truck drivened by the Defendant, was shocked with the front wheels of the truck driving by the Defendant.

In the end, the Defendant caused the death of the victim due to the above occupational negligence from the Gansan-ro, Seoyang-gu, Seoyang-gu, Busan-ro, Seoyang-gu, 170, to the death of the victim due to the diversary surgery at the Gansan-ro.

Summary of Evidence

1. Partial statement of the defendant;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. A death certificate;

1. On-site CCTV cd [The defendant's vehicle was set off and stopped by the victim's own sprink and accident caused by getting on and off the bicycle, and the defendant was not negligent in the occurrence of the accident of this case because he could not anticipate or avoid it. However, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court are as follows: ① the defendant was at the time when he stops and stops the vehicle again; ② the place where the defendant stopped was at the time, ② the place where the vehicle was stopped was a kind of click to enter from the house to the farm; ③ the victim was at the time when the vehicle of the defendant was stopped at the house, and the victim appears to have entered the farm through the combined stop. ④ At the time when the defendant re-enters the vehicle, the victim was already the victim at the time of the vehicle.