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(영문) 인천지방법원 부천지원 2013.11.06 2013고단963
교통사고처리특례법위반
Text

Defendant

A shall be punished by imprisonment without prison labor for eight months, and by imprisonment without prison labor for six months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who is engaged in driving of freight trucks on Gererer, and Defendant B is a person who is engaged in driving of a freezing tower of H 1 ton.

1. On November 7, 2012, Defendant A driving the above cargo truck on or around 03:10, and driving the national highway No. 48 in front of the North Korean river restaurant located in Jeju Jeju Jeju Jeju Jeju Jeju Island at the speed of about 95 km in Seoul at the speed of 195 km from the two-lanes of the two-lanes of the parallel.

At the time, night and there was no streetlight in the surrounding area, so in such a case, there was a duty of care to safely drive a motor vehicle by reducing the speed and thoroughly manipulating the steering gear, etc. in a thorough manner.

Nevertheless, the defendant neglected this and found the victim I (the age of 46) who walked on the road on the bend side of the truck by the negligence of driving the road on the bend side, and did not stop, and caused the victim by the front side of the above cargo truck.

Ultimately, due to the above occupational negligence, the Defendant caused the victim’s death by damaging diversity at the site around that time.

2. Defendant B, while driving the said temporary border or the said freezing tower, was driven at the speed of about 80 km in speed from the city to the Seoul section, depending on the two-lanes of the said place.

At the time, night and there was no streetlight in the surrounding area, so in such a case, there was a duty of care to safely drive a motor vehicle by reducing the speed and thoroughly manipulating the steering gear, etc. in a thorough manner.

Nevertheless, the defendant is negligent in driving the truck on the road immediately after the traffic accident, such as the Madden Before the collision, and he has installed and unloaded the truck.

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