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(영문) 인천지방법원부천지원 2020.09.18 2020고단962
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by imprisonment without prison labor for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 19, 2019, at around 05:50 on December 19, 2019, the Defendant driven a BDama Trade Cargo, and proceeded from the D Middle School to E, about 52 km at the speed, along two lanes from E to E.

At the same time, at night, the crossings where yellow fluence signals and crosswalks are installed in the front direction of the defendant's proceeding. Therefore, the defendant was responsible for the duty of care to prevent accidents by checking whether he/she has a person to flash the right and the right and the right and the right and the right, and driving safely.

Nevertheless, the Defendant neglected such duty of care and failed to find out the victim F (ma, 46 years old) to the right side from the left side of the Defendant's proceeding using the above crosswalk as it is, but failed to do so, and caused the victim to fall off to about five meters from the front right side of the above cargo vehicle.

After all, the Defendant caused the death of the victim of the aftermath of December 19, 2019 due to the above occupational negligence, which led to the death of the victim of the aftermath of December 19, 2019.

Summary of Evidence

1. Report on the situation of traffic accident on the police's protocol G of interrogation of the accused accused's legal statement, report on the traffic accident, investigation report on the actual condition, photograph of the mermo speed limitation sign (50 km speed limit), brief map of the accident site, and photograph of the accident site;

1. Visual photo, on-site photo (victims, etc.), photo of a multi-mast vehicle photograph (such as a flag glass damage photograph, etc.), photograph photographic image of apartment CCTV, the request for the analysis of a traffic accident of a witness vehicle, response to the results of the analysis of the traffic accident, and the written analysis of the traffic accident (52.2 km speed as at the time of the accident);

1.A statement related to the agreement of the suspect in each investigation report, such as the register of driver's licenses for dead bodies, the car table, and the mandatory insurance bureau report (the on-site investigation of the Road Traffic Authority, the results of traffic accident analysis by the Road Traffic Authority, the field signal system at the time of the accident, and the video analysis of witness vehicles).

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