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(영문) 대구지방법원 영덕지원 2018.07.18 2018고단111
교통사고처리특례법위반(치사)
Text

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

However, each of the above punishments shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in the driving of a FLL car, and Defendant B is a person who is engaged in the driving of G ML car.

Defendant

A, around 19:50 on December 24, 2017, operated the said rocketing car, and was proceeding in front of the Hamren-gun H in the vicinity of the territorial sea from Cerop to C, and Defendant B was driving the said Hamren car behind the said Hamren car and driving it on the same side.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by checking the side well.

Even if the Defendants were at night and without street lights, the Defendants continued to stop without driving safely, such as reducing speed and checking whether there is a person who crosses without permission on the front side, even though they were at night and without street lights.

Accordingly, Defendant A had the victim I (the 81 years old), who was on the right side of the center line of the road in the direction of Defendant A, conflicted with the victim I (the 81 year old), prior to the left side of the vehicle of the said rocketing, and continued to use the victim on the road as above, in the center line. Defendant B had the victim on the road as above, who was employed on the road.

Ultimately, the Defendants caused the death of the victim due to the damage to the Maternity of around 20:30 on December 24, 2017 at the J Hospital located in the Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to K in the police statement;

1. Police seizure records;

1. Report on internal investigation (verification of the identity of a deceased person), each investigation report (report on autopsy and autopsy opinion, response to a request for appraisal - genetic appraisal report, legal and chemical appraisal report, traffic accident analysis appraisal report, and autopsy appraisal report);

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, a response to each request for appraisal, and a subsequent inquiry;

1. Application of Acts and subordinate statutes to dead bodies;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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