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(영문) 인천지방법원 2019.07.03 2019고단1813
교통사고처리특례법위반(치사)
Text

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

Reasons

Criminal facts

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

At around 06:50 on January 2, 2019, the Defendant proceeded with the second line of D in front of Incheon Gyeyang-gu Incheon Metropolitan City, at the e apartment room, from the e apartment room to the F apartment room, about 70.6-72.3km each hour.

At the time, the surrounding areas had yet been set, and the defendant was moving back on the front side of the vehicle that the victim G (80 years of age) was followed by the following vehicle at the same lane, and thus, the driver of the motor vehicle had a duty of care to ensure that the driver of the motor vehicle well sees the front side and the right and the right, while driving the motor vehicle at a reduced speed, while securing the safety distance with the preceding vehicle, and prevent the accident in advance.

Nevertheless, without neglecting this, the Defendant was negligent in driving the speed exceeding 10.6 - 12.3 km in the vicinity of the preceding vehicle while neglecting it, and caused the previous vehicle to be changed on the left side, and found that the previous vehicle was late after the change of the lane, and then the victim was in front of the vehicle and received the victim as the front part of the vehicle. The victim died of multiple prolonged damage at an I Hospital located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, as a result, at around 07:47 on that day.

Ultimately, the Defendant caused the death of the victim by occupational negligence above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to J police officers;

1. The actual condition survey report;

1. A death certificate;

1. Application of Acts and subordinate statutes to traffic accident analysis;

1. Although the results of the instant traffic accident were considerably significant in the grounds for sentencing under Article 3(1) of the relevant Act of criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, there is no agreement with the bereaved family of the victim until now, the Defendant is inevitable.

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