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(영문) 수원지방법원 안산지원 2018.05.23 2018고단431

교통사고처리특례법위반(치사)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Defendant D was tried separately on May 2, 2018 with respect to Defendant D, and the judgment became final and conclusive on the 10th of the same month.

The Defendant is a person engaging in driving a car in E Nowon-gu.

On January 21, 2017, the Defendant driven the above car at around 05:28, and proceeded about 65 km in the speed of 4 lanes from the Incheon flooding area to the water source of the city, using a four-lane road in front of the Gu F of the Rule of Ansan-si in Ansan-si, Ansan-si.

At the time, the front door of the road flows at night, and there is a duty of care to safely operate the steering direction and brakes by accurately manipulating the steering direction and brakes or to drive a motor vehicle by avoiding pedestrians, as snow is stored in the part of the road, or the edge of the road, which is coming from the snow immediately preceding the front of the road and the snow is sucked at the edge of the road, or snow is in a situation where the snow is milated with a melter road, and thus, a person engaged in driving the motor vehicle has a duty of care to drive the motor vehicle by accurately operating the steering direction and brakes or by avoiding pedestrians.

Nevertheless, the Defendant neglected this and found the victim G (24 years) who was walking along the four-lanes, and caused the damage to the front part of the Defendant’s vehicle in front of the said vehicle to go beyond the road by shocking the damaged person. On the same day, after two minutes from the time of the accident, the HM7 passenger vehicle driven by A at the same place after the lapse of two minutes from the time of the accident, and caused the victim to die with the low blood-related shock caused by the non-mack heat at the Kansan Hospital of the Korea University Medical Center at Korea University on January 21, 2017.

2. Defendant A is a person engaged in driving a HST7 car.

On January 21, 2017, the Defendant driven the above car at around 05:30, and proceeded about 65.3 km at the speed of Si, depending on the four-lanes from the Incheon flooding area to the water source of the water source.

At the time, as described in paragraph 1, the surface is milked at night, and it shall be located therein.