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(영문) 인천지방법원 2019.07.24 2019고단3718

특정범죄가중처벌등에관한법률위반(도주치사)등

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by a fine of five million won.

However, as to Defendant A, the same shall apply.

Reasons

Punishment of the crime

1. Defendant A is a driver of Cknife vehicle.

On May 25, 2019, at around 03:01, the Defendant was driving the above knife of the highway 0.5km in Michuhol-gu, Incheon, Incheon, with one-lane from Seoul to one-lane in Incheon.

At the time, there was an accident that the victim D(47 years of age) driven a car in the front line, driving a car in E, driving a car in the middle line, driving a car in the middle line, and driving a car in the next lane, which was stopped on the front line due to the preceding accident, while driving a car in the front line, and driving a car in the rear side of the car in the front line, the occurrence of an accident that caused the victim to shock by driving a car in the front line.

As a result, the abovero-vehicle and accident residuess were scattered over the first and second lanes, and the victim was used, and the truck was stopped on the side of the front side due to the preceding accident, and the above taxi was under the situation where the driver stops, and the driver of the following vehicle was under the duty to see the front side, reduce the speed, reduce the speed, and accurately operate the operation of the brake and steering gear with the care of the additional accident.

Nevertheless, the Defendant neglected to do so and did not properly operate the steering gear, etc. on the road, leading about five meters above the road while recognizing the accident vehicle and fugitives, etc. that occurred at the latest, and rapidly changing the course to the two-lanes of the damage. In the process, the Defendant got the front part of the driver's seat on the upper half of the victim, which was used on the road surface, going beyond the upper half of the driver's seat on the road surface.

The Defendant, by such occupational negligence, caused the victim to die on the spot by means of crushing and crushing of two houses, etc., and at the same time, caused the victim to die on the spot.