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(영문) 인천지방법원 부천지원 2021.03.05 2020고단4788
교통사고처리특례법위반(치사)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 9, 2020, the Defendant driven a B Pote car from around 15:53 on October 15, 2020 to the E market from the D apartment.

Since a house is a alley, a person engaged in driving of a motor vehicle has a duty of care to confirm the location of pedestrians and to accurately operate the steering direction and brake system by taking into account the front side and the left side of the motor vehicle.

Nevertheless, the Defendant neglected to perform such duty of care, and instead took the brakes, such as taking a speed pedal on the balc pedal, and taking the brakes accurately, received the victim F (54 years old) who was employed in the above place due to negligence not operating the brakes accurately, as the front part of the said car.

After all, the Defendant caused the death of the victim due to the above occupational negligence due to severe pain and two injury.

Summary of Evidence

1. A traffic accident report of H’s statement concerning the police interrogation protocol G on the defendant’s legal statement, and a fact-finding report related to the accident (such as a photo by cutting off the black stuff image images at the time of the accident), a postmortem examination report, a body inspection report, a body inspection report, a photo EDR data (i.e., the records of the defendant’s vehicle accident recording device, Ev EV EV Emerat Recider), and a vehicle driver’s license register, a tea inspection report;

1. Application of Acts and subordinate statutes on internal investigation reports (investigation, etc. into the place of occurrence of an accident and the details of the occurrence of an accident, victim I telephone conversations);

1. Relevant legal provisions on criminal facts, Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act (the death or injury caused by occupational negligence), and the selection of fines (the crime of this case is committed by the defendant, due to the negligence of wrong operation of the steering direction, speed, and brake system on the alleyway by the defendant, and caused the death of the victim among them. The circumstances and result of the crime are serious and serious result of the death.

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