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(영문) 대전지방법원 논산지원 2013.09.10 2013고단142
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for one year.

Reasons

Punishment of the crime

On July 18, 2012, the Defendant driven Cmert 4.5 tons of cargo vehicles on July 18, 2012, and proceeded at a speed of about 30 km from the surface of the red mountain bank to the surface of the catum bank. On the left side of the catum bank, the Defendant passed ahead of the road to the left side by the victim D (Nam, 77 years old) who was prior to the Defendant’s front bank, driving from the catum bank to the surface of the catum bank.

At the same time, the width of the road was narrow so long as the road was not installed, and the vehicle passed ahead, so the Defendant, as the driver, has a duty of care to safely overtake the vehicle at sufficient intervals to avoid the collision between the left side and the front side, and thus, the Defendant, as the driver, has a duty of care to safely overtake the vehicle by checking the road traffic situation, such as whether there is a vehicle coming from the opposite direction.

Nevertheless, the Defendant did not properly examine whether there is a vehicle coming from the opposite direction, and did so, took over without examining whether there is a vehicle coming from the opposite direction, and did not enter the victim's vehicle rapidly in the opposite direction in order to avoid the vehicle coming from the opposite direction, and did not have sufficient distance with the victim's right to move to the left side while the victim's right to move to the left side in order to avoid the collision.

On August 8, 2012, at around 07:28, the Defendant caused the death of the victim due to the climatic blood transfusion and the death of the new father.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police officer on F;

1. The judgment of the defendant and the defense counsel on the actual condition survey report, accident site photograph, death certificate, comprehensive traffic accident analysis report, guidance, investigation report (influence No. 150 of investigation records), CCTV-cap screen, CCTV video file, or the assertion by the defendant and the defense counsel

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