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(영문) 인천지방법원 2019.03.13 2018고단9062
교통사고처리특례법위반(치상)
Text

[Defendant A] The Defendant shall be punished by imprisonment without prison labor for eight months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who is engaged in driving a car at the horse registry.

around 05:55 on August 8, 2018, the Defendant driven the said car on the front of the “E” road located in Seo-gu Incheon, Seo-gu, Incheon, and continued to proceed from the “Suwon-gu Office” side.

It is a road with a limited speed of 60km/h or less, and since the victim F (58) was driving on the right side of the bend road in the same direction as a bicycle riding on the same direction, a person engaged in driving of a motor vehicle complies with the restricted speed and has a duty of care to prevent accidents by securing a necessary distance to avoid collision with bicycles when he/she passes by the bicycle driver going in the same direction.

Nevertheless, the Defendant, while driving the said car at a speed of 102.5km/h, did not secure the necessary distance to avoid collision with the victim’s bicycle at a speed of 102.5k/h, followed the victim by negligence, who proceeded adjacent to the victim, received the victim from the right-hand side of the said car at the right-hand side.

As a result, the Defendant suffered from the victim’s body injuries, which could not be known to the victim due to the above occupational negligence.

2. Defendant B is a person who is engaged in driving a GM5 car.

around 05:55 on August 8, 2018, the Defendant driven the said car on the front of the “E” road located in Seo-gu Incheon, Seo-gu, Incheon, and continued to proceed from the “Suwon-gu Office” side.

It is a road with a limited speed of 60km/h or less, and since a passenger car of the horse set by A and a victim bicycle were in progress at the bend on the bend side, a person engaged in driving of a motor vehicle has a duty of care to maintain a limited speed and to prevent accidents by securing a necessary distance to avoid collision with the motor vehicle ahead of it, if the motor vehicle ahead of it voluntarily stops.

Nevertheless, there is a need to do so.

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