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(영문) 대전지방법원 홍성지원 2015.04.10 2014고단705
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight 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 of a C Poter cargo vehicle.

Around 18:30 on October 30, 2014, the Defendant driven an above cargo vehicle and proceeded one lane in Seocheon-gun, Seocheon-gun, Seocheon-gun, the head of the Dong-gun, Seocheon-gun, the head of the Dong-gun, Seocheon-gun, the head of the Dong-gun, to the Si-do 50km-do Myeon.

The place is where the center line of yellow solid lines is installed, and at the same time, it was difficult to view it at night. In such a case, a person engaged in driving service has a duty of care to see the front side and observe the center line.

Nevertheless, the Defendant neglected the front line and did not discover the victim D (year 65) who was getting a bicycle on the part of the negligence that driven by the central line, without neglecting the front line, and caused the death of the victim due to multiple accidents at the F Hospital located in Chungcheongnam-gun, Chungcheongnamcheon-gun E around 19:59 of the same day by shocking the front part of the bicycle driven by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial legal statement of G;

1. The protocol of statement of the police concerning G (in cases where there are parts of the legal statement of the G and some parts attached thereto, but in light of the attitude of the G's testimony, etc., the above protocol of statement is trusted to the effect that the Defendant's driver's vehicle was overtaking the compact of the G driving);

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Application of Acts and subordinate statutes to a death certificate or postmortem examination report;

1. The defendant and his/her defense counsel acknowledged most of the facts constituting a crime under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the Criminal Act that they did not constitute a central crime.

The fact that the location of the Defendant’s vehicle taken immediately after the instant accident was located in the lane is recognized.

However, the following circumstances recognized by the above evidence, namely, the defendant's overtaking.

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