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(영문) 대전지방법원 천안지원 2017.07.20 2016고단2323
교통사고처리특례법위반(치사)
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

The defendant is a person who is engaged in driving a CK7 car.

On October 6, 2016, the Defendant driven the above car at around 23:55, and proceeded with a road of about 96 km each hour prior to the identity of the Defendant, a stock company in the archeg in the king of Asan-si, Asan-si.

At night, it is the left side of which is the speed of 60km per hour, and in such a case, there was a duty of care to prevent accidents by complying with the speed limit and operating the steering gear and operating the steering gear accurately.

Nevertheless, the Defendant neglected this, while driving the above vehicle at a speed exceeding 36 km per hour, and found wild animals later and by negligence of operating the steering gear in order to avoid collision, received concrete sand loaded on the right edge of the Defendant vehicle at the front of the right edge.

Ultimately, the Defendant caused the death of a victim D ( South Korea, 26 years of age) who was accompanied by the said car due to the foregoing occupational negligence, to a hospital and receive medical treatment. On October 12, 2016, the Defendant caused the death of the victim D (hereinafter referred to as “the victim”) who was accompanied by the said car due to the transfer to the hospital, and caused the death of the patient due to the transfer to the hospital.

Judgment

1. The Defendant is a person E who actually drives a vehicle recorded in the facts charged, and he was driving the vehicle upon the request of E after the accident and entered in the facts charged to the investigative agency;

It argues that only a false confession was made and no driving was made as stated in the facts charged.

2. Determination

A. According to the record of recognition, the following facts are revealed.

1) The Defendant, immediately after the accident described in the facts charged, driven his driving as stated in the facts charged.

A statement was made by the Defendant on the occurrence of a traffic accident under the premise that the Defendant is a driver (the four pages of investigation records) and the report of a traffic accident (the five pages of investigation records).

The Defendant is present at the police on October 13, 2016, and driving facts stated in the facts charged.

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