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(영문) 대전지방법원 서산지원 2019.05.02 2018고단1284
교통사고처리특례법위반(치사)
Text

Defendant

A shall be punished by imprisonment without prison labor for eight months, and by a fine of seven million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

Defendant

A is a person engaged in driving C SP car, Defendant B is a person who is engaged in driving D D dump truck, respectively.

Defendant

A around 15:30 on August 11, 2018, around 15:30 on the 15:0 on the 15:30 on the 15:0 on the 15:0 on the 15:0 on the 15:0 on the 15:0, the 4-distance intersection of F in the direction of the GH Hospital was driven by the Fhump truck, and Defendant B was driving the said dump truck in the direction of the GH Hospital.

Since there is an intersection where no signal, etc. is installed, the driver of the motor vehicle has a duty of care to prevent the accident by checking whether the driver of the motor vehicle is driving the motor vehicle by reducing the speed prior to entering the intersection or temporarily stopping the motor vehicle and checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendants neglected to do so and did not confirm whether there is a vehicle in the intersection, and caused an accident where Defendant A’s dump truck’s driver’s spack drive by negligence, which led Defendant A’s dump driver’s seat and Defendant B’s dump truck’s driver’s seat.

Ultimately, the Defendants jointly and negligently caused the death of the victim I (the father of the Defendant A) who was on the top of the operation of the Defendant A’s spke car due to the foregoing occupational negligence, at the K Hospital located in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City around September 21, 2018, due to the closure of detailed unknown information caused by the said accident at around September 21, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. The actual condition survey report;

1. Report on the occurrence of a traffic accident;

1. A death certificate;

1. A investigative report (STV image verification);

1. CCTV images CDs in an accident scene;

1. Application of traffic accident evidence examination and photographing statutes;

1. Defendants of the relevant criminal facts: Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Articles 268 and 30 of the Criminal Act;

1. Defendant A who has selected the punishment: Defendant B who has selected the imprisonment without prison labor;

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