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(영문) 대전지방법원 논산지원 2014.03.25 2013고단264

교통사고처리특례법위반

Text

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

2. However, it is against the Defendants for two years from the date of this decision.

Reasons

Punishment of the crime

Defendant

B, around 12:05 on November 23, 2012, the F Poter was driven by one ton cargo vehicle, and the national highway No. 23 in front of the central resting area located in the upstream in the upstream in the middle of the YY at the YYY at the YYYY, was driven by two lanes in the direction of the official zone from the YY, and the Defendant A driven a G poty vehicle and driven by one of the above roads in the same direction as the cargo vehicle behind Defendant B in the same direction.

The driver has a duty of care to accurately manipulate the steering system and the right side, drive the steering system, etc., to prevent the accident due to smoke, and to prevent the accident by observing the prescribed speed. When the driver changes the vehicle, he has a duty of care to change the vehicle only when there is no risk of collision, considering the distance between the vehicle in front of the moving direction and the vehicle in the changed lane.

However, the Defendants neglected to do so and found the Lone Star vehicle that was driven by Defendant B while driving on an emergency, etc. on the front line of the same lane, changed the lane into one lane, and only the front line at the time of entry into the same lane. Defendant A is bound by the speed of 97.89km/h at a speed of 80km/h on a road with a restricted speed of 80km/h.

Defendant

The two-lanes of the victim H (ma, 30 years old) who was under the bicycle training, was found to be late and operated, but it was shocked from the back part of the vehicle, and the motor vehicle of Defendant B turned to the left part, and the two-lanes of the bicycle training.

Ultimately, at around November 29, 2012, the Defendants died of the victim due to the above occupational negligence as a brain training fee due to the acute tension rise.

Summary of Evidence

[Defendant A]

1. Statement by the defendant in court;

1. Legal statement of a witness I;

1. Each statement or image (Defendant B) of the actual condition survey report, on-site photograph, death diagnosis report, comprehensive traffic accident analysis report, and civil petition related to the objection against the traffic accident;

1. The defendant B's partial statement

1. Each legal statement of a witness A and I;

1. The actual condition survey report;