(영문) 인천지방법원 2017.01.19 2016고단7182

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(영문) 인천지방법원 2017.01.19 2016고단7182

교통사고처리특례법위반(치사)

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On July 9, 2016, the Defendant driven the above car at around 11:10, and changed the lane from the front side of the Bupyeong Park in the direction of the Bupyeong-gu Incheon Metropolitan City to the speed of about 40 to 50km at a speed of about the speed of 40-50km from the right side of the normal park in front of the Bupyeong-gu Incheon Metropolitan City.

In such cases, the driver of the motor vehicle has a duty of care to live well on the right and the right and the right of the driver of the motor vehicle, and to prevent the accident in advance by safely driving in accordance with new

Nevertheless, due to negligence of neglecting this, the Defendant was on the front side of the car driving by the victim D (74) who was going to the port from the right side of the car of the Defendant and crosses the road on the left side of the vehicle of the Defendant.

Ultimately, at around 14:29, around the same day, the Defendant caused the death of the victim at a Tol University Incheon Sung Hospital, which is located in the same number of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Incheon, by the occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a death certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant, as a driver of a motor vehicle, neglected his duty of care to drive safely and thereby neglecting his/her duty of care at the night, resulting in the death of the victim and resulting in the death of the victim. However, the Defendant is the first offender who has no criminal history, and the victim is the victim.

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