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(영문) 인천지방법원 2012.11.28 2012고단9897
교통사고처리특례법위반
Text

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

However, the execution of the above punishment shall be suspended for 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 car in Cknife.

On October 25, 2011, the Defendant driven the above car at around 19:20, and started the apartment parking lot in 28-2, Jung-gu, Incheon, Jung-gu, Incheon, and continued the front side of the apartment at approximately 20km from the front side of the matet, to the front side of the apartment.

At the time, since it is night and a house is a alleyway, it is confirmed whether a person engaged in driving service has a duty of care to drive safely by accurately manipulating the steering direction and brake system, and there was a duty of care to immediately stop and check whether an accident occurs, etc. in the course of driving.

Nevertheless, the Defendant neglected this and proceeded with the victim D (the age of 57) who was located in the mast parking lot or back road as it was, by negligence, at least 60 meters.

Ultimately, at around 19:35 of the same day, the Defendant caused the death of the victim who was transferred to the Jung-gu Incheon E Hospital by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Statement of each police statement made to the F;

1. An appraisal report (the victim is highly likely to be located on the side side, other than a parking lot), an investigation report (the direction of the driving of the harmful vehicle), a copy of the traffic accident occurrence report, the actual condition survey report, photographs (the location of the accident, the external appearance of the damaged vehicle), an investigation report (the confirmation of the victim's walking onCCTV), a report on the results of the traffic accident analysis (the confirmation that the victim was not in a normal state of driving on the victim), an investigation report (general), an investigation report (general), an investigation report (119 emergency medical service report), a report on the 112 reported case processing, an investigation report (the attachment of the response photo at the scene of the accident);

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