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(영문) 서울동부지방법원 2016.12.21 2016고단2611

교통사고처리특례법위반(치사)등

Text

Defendant

A A shall be punished by a fine of 10,000,000 won, and Defendant B shall be punished by a imprisonment without prison labor for one year.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of the E Almata car, and Defendant B is a person who is engaged in driving of the F Cost Star car.

Defendant

A, around 06:30 on February 27, 2016, driving the above vehicle and then driving the said vehicle at the speed of about 117 km from the speed of speed to the speed of about 119 km in accordance with the two-lanes from the Seoul west to the Daejeon west-ro, Seocheon-si, which is located at the speed of 06:30 meters, and Defendant B was driving the same road on the same day to the speed of about 119 km from the back of the vehicle of Defendant A.

At the time, the snow was coming from the new wall before sunrise, and on the preceding day, the snow was stored at the part of the road where snow was lowered and at the edge of the road, or the snow was milched.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle at a speed of about 20 km to speed of about 110 km in speed, which is the highest speed of the above road, and at a speed of about 88 km in speed, the speed or suck on the above road so that the motor vehicle can not be driven due to the ice section or the surface. On the other hand, while observing the safety distance with the driving vehicle, the driver of the motor vehicle has a duty of care to ensure the safe operation of the motor vehicle by properly checking the progress of the front line vehicle.

Nevertheless, Defendant A, while driving a vehicle in excess of approximately 29km of the maximum speed of the above road and driving the vehicle across two lanes and one lane in the ice section of the above road due to negligence that did not keep the front door well. Defendant B, while driving a vehicle in excess of about 31km of the maximum speed of the above road, was negligent in not thoroughly maintaining the front line, the safety distance, and the front line of the Defendant’s vehicle that was driven ahead of the front vehicle, and the above Alti vehicle was driven in front of the Defendant’s vehicle.