(영문) 수원지방법원 2019.03.28 2018고단6622

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(영문) 수원지방법원 2019.03.28 2018고단6622

교통사고처리특례법위반(치사)

Text

Defendant

A A Imprisonment without prison labor for one year, and Defendant B shall be punished by imprisonment without prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of a rocketing taxi vehicle, and Defendant B is a person who is engaged in driving of a rocketing taxi vehicle.

On June 23, 2018, at around 23:30 to 23:31, each of the above vehicles was driven by the Defendants, and at the speed of 42 km in the direction of the Mappppon in the direction of both sides, the two lanes in front of the F cafeteria in the wife population E were driven by Defendant A, at the speed of 124 km in the speed of the city, and Defendant B, at the speed of 94 km in the speed of the city.

At night, the regulatory speed of the road was 70km per hour, and there was a shooting range where signal lights are installed on the front side, so the Defendants engaged in the driving of motor vehicles had a duty of care to observe the new speed and the regulatory speed of the road, to look at the front side and the left side well, to accurately manipulate the steering and the brakes to prevent accidents, and to prevent accidents from spreading.

Nevertheless, on June 23, 2018, Defendant A neglected to drive a speed exceeding 20km a speed of 23:30 km and did not discover the victim G (W, 38 years old), the victim H (V) who crosss the right side from the left side of the vehicle of the above Defendant at around 23:30 on June 23, 2018, and did not discover the victim H (V) and her front shocked the vehicle of the above Defendant, and her course over the road. Defendant B, at around 23:31 on June 23, 2018, got the victim G used on the road, leading the victim up to approximately 15 meters away from the road.

The Defendants caused the death of the victim G by occupational negligence due to cerebral injury, etc., and Defendant A caused the death of the victim H in the same place due to the two parts, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of I, J and K;

1. Each written result of autopsy;

1. Results of the analysis of MaCER, as a result of the analysis of Ma2 Vehicle DNA analysis;

1. The application of the law of the actual survey report.

유사 판례

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