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(영문) 인천지방법원 2014.07.17 2014고단3439

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a liquid sports cargo vehicle.

On March 16, 2014, the Defendant driven the above vehicle on March 11, 201:07, and proceeded at a speed of about 100 km in Si speed according to the first two-lanes among the three-lanes in the Nam-gu Incheon Metropolitan City. The Defendant changed the two-lanes.

It is a bridge, where the change of lanes is prohibited, and even if the change of the lane for domestic affairs is done, there was a duty of care to take into account the traffic situation of the lane to be changed well and to accurately operate the steering direction and brake system.

그럼에도 피고인은 이를 게을리 한 채 1차로에서 2차로로 진로를 변경한 후 3차선에 접근하다가 3차로 후방에서 직진해오던 불상의 차량을 뒤늦게 발견하고 이를 피하기 위해 급히 왼쪽으로 조향하는 바람에 차가 균형을 잃고 좌우로 흔들리다가 우측 방호벽을 충격하고 좌측으로 튕겨지며 전복되게 하였다.

Ultimately, the Defendant caused the victim D (age 49) who was on board the said vehicle due to such occupational negligence to die on the job, and caused the victim E (age 50) to suffer bodily injury, such as brain-dead sugar, etc. requiring treatment for about three weeks, and the victim F (age 53) to suffer bodily injury, such as dynasium and tension, requiring treatment for about three weeks, and the victim G (age 51) to suffer bodily injury, such as 7 chest pressure pressure, etc. requiring treatment for about eight weeks.

2. On March 16, 2014, the Defendant, without obtaining a driver’s license, driven the said vehicle at a section of about 30 kilometers from the date and time indicated in the preceding paragraph from the front of the mutual infinite funeral hall located in Ansan-si in Gyeonggi-do, and on the road.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the autopsy report, each diagnosis report, and the actual survey report;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (1), proviso to Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act;