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(영문) 인천지방법원 부천지원 2012.11.21 2012고단1554
교통사고처리특례법위반
Text

Defendant

A A shall be punished by a fine of KRW 5,000,00,00,00, in eight months of his/her imprisonment without labor.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving a Cro-car, Defendant B is a person who is engaged in driving a Dexton car.

Defendant

A, around 23:25 on June 1, 2012, driving the above log car, and driving the above log car at the speed of about 50 km from the 10-lane to the 10-lane in the city of Kimpo-si to the 10-lane in the city of Kimpo-si.

At the time, there was a night and there was a expectation that pedestrians will appear on the right side of the road, so in such a case, a person engaged in driving service has a duty of care to safely drive the bus well and prevent accidents in advance.

Nevertheless, Defendant A neglected this and got the victim E (the age of 53) who crossed a marina road due to the negligence of running it as it is, and had the victim go beyond the road.

On the other hand, at around 23:27, June 1, 2012, Defendant B driven the said Grandton car on the above road and proceeded at a speed of about 60km per hour depending on the six-lanes of the above road.

In such cases, a person engaged in driving service has a duty of care to cope with the unexpected situation and to safely drive the vehicle in a safe manner and prevent the accident in advance.

Nevertheless, Defendant B failed to avoid the victims going beyond the road due to negligence while neglecting the duty of the front line, and served the part of the victim's body with the Bosch Rexton car.

As a result, the Defendants caused the victim to die from the occupational negligence as a result of multiple long-term damage in the workplace.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of F, G, and H;

1. The actual condition survey report;

1. Requests for appraisal;

1. An investigation report (the examination report of the Director of the National Science Investigation Institute).

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