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(영문) 인천지방법원 2017.12.18 2017고단774
교통사고처리특례법위반(치사)등
Text

Defendant shall be punished by imprisonment without prison labor for a period of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years 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 DM5 car.

On September 21, 2016, around 22:35, the Defendant moved ahead of the rest area at the 127 km away from the west-gu, Seo-gu, Seo-do, Seo-do, Kim Jong-do, Seo-do, Seo-do, Seo-dong, Seo-do, the coast of the Highway, along the said car, using one lane among the two lanes of the said expressway, where E and the victim F (23 years old), G (n, 20 years old), and the 20 years old at the Gunsan Sea.

On the same day, the Defendant continued to produce noise from the time when he started the above vehicle in Seo-gu Incheon, Seo-gu, Incheon, where he operated the brake, etc., and the point of the above roadside rest area was in the form of a bend to the right side in the state where the rest area is installed at the center of the center. In such a case, the Defendant took measures to ensure the safe operation of the vehicle by undergoing a sufficient safety inspection on the vehicle before driving a long distance driving and maintaining necessary matters. As the Defendant driven the vehicle at a rapid speed on the expressway, the Defendant has a duty of care to prevent accidents by accurately using the operation and steering gear of the vehicle and preventing accidents.

Nevertheless, the Defendant neglected to do so and failed to properly manipulate the steering gear, etc. of the vehicle to the point where the accident occurred without undergoing an inspection as to whether the vehicle was abnormal before the operation of the vehicle, and due to the negligence that the said vehicle was pushed down on the left side of the road and took the center to the left side of the vehicle of the Defendant, and again pushed down the vehicle to the right side, and received the metal sperm of the roadside shelter installed on the right side of the road as the front part of the Defendant’s car.

Ultimately, the Defendant caused the death of the Victim F, who was on the back of the early seat of the Defendant due to the above occupational negligence, at around 23:48 on the same day, and the back of the driver’s seat.

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