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(영문) 인천지방법원 2018.01.10 2017고단3351 (1)
교통사고처리특례법위반
Text

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

Reasons

Punishment of the crime

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

On May 5, 2016, the Defendant driven the above vehicle at around 17:10, and driven the above vehicle at around 604-1 LH project team office in Seocheon-gu, Seocheon-gu, Seocheon-gu, the intersection in front of the office in front of the office in the Seocheon-gu LH project team was driven by about 10km a speed of 10km a speed from the east-dong room to the 2nd bank.

At the time, the bicycle of the victim D(77) driving on the right side of the defendant was in progress by the victim D(77) driving on the same side of the port, and therefore, the driver of the motor vehicle had a duty of care to look at the front side and the right and the right and the right and the right of the motor vehicle and to accurately manipulate the brake system to prevent the accident in advance.

Nevertheless, the defendant neglected to do so and the part of the victim's vehicle's left side to the right side of the defendant's vehicle was collisioned by negligence.

Ultimately, on May 8, 2016, the Defendant: (a) caused the victim to die by cerebrovassis from the Materna Hospital, the Hancheon-si, the Hancheon-si, the Hancheon-si, the 327th floor of the Sincheon-si, the Defendant caused death by cerebrssis.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a survey report, each photograph, death certificate, autopsy report, comprehensive traffic accident analysis report, inquiry into the facts, and response order for submission of documents;

1. Determination as to the assertion by the relevant legal provisions of the crime, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, and Article 268 of the Criminal Act (Selection of Imprisonment without prison labor) and the defense counsel

1. The Defendant, at the time of the instant accident, performed his duty of care to operate the intersection intersection, while the victim finds the Defendant’s vehicle late at the time of the instant accident, and concealed the front side of the Defendant’s vehicle.

Therefore, there is no negligence on the defendant.

② The victim’s high blood pressure and urology in serious condition before the instant accident occurred.

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