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(영문) 인천지방법원 2017.12.13 2017고단7623

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

On June 28, 2017, the Defendant driven the above car on around 17:30 on June 28, 2017, and was stopped following the vehicles stopped in accordance with the signal apparatus’s instructions while driving in front of the Incheon SK apartment direction at the intersection in front of the 94 Yongsan-gu Incheon, Nam-gu, Incheon.

At the same time, other vehicles were stopped in front of the car at the same time and there was another vehicle for the crosssection in the opposite line after entering the intersection, so in such a case, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents in advance by operating the steering and the system properly.

Therefore, as the F SP car driven by E was driven by the Defendant’s franchise which was temporarily stopped due to its shock, and then the FF StP car was fast in the future due to its shock, the Defendant neglected to perform the above duty of care, caused the death of the victim I (65 years old) who driven the electric kick, which was driven by the Defendant’s driver on the right side of the front of the CP car in front of the CP car and continued to turn to the left, with the HP car driven by G parked on the right side of the CP car in front of the CP car without being negligent in performing the above duty of care, resulting in the Defendant’s death by giving the victim the CF kick, which was driven by the signal apparatus on the opposite side within the PP distance at the present elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to J and G;

1. Application of Acts and subordinate statutes to the traffic accident report (actual investigation report), each photograph, death diagnosis report, traffic accident analysis appraisal report, and each investigation report (Evidence List 4, 11, 17 No. 4, 17);

1. Criminal facts;